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JBLIC  SCHOOL  LAWS 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 

GIKT  OF" 


& 


Received  ,  igo 

Accession  No.      82741      .    Class  No. 


STATE    OF    LOUISIANA. 
Department  of  Kdu.ca.tion. 


PUBLIC  SCHOOL  LAWS^ 


CODIFIED  BY  ORDER  OF  THE 


STATE  BOARD  OF  EDUCATION. 


EDITED  AND    PUBLISHED  BY 


THE  STATE  SUPERINTENDENT  OF  PUBLIC  EDUCATION, 


BATON  ROUGE: 

THE  ADVOCATE,  OFFICIAL  JOURNAL  OF  THE  STATK  OF  LOUISIANA. 

1894. 


3STOTE. 

This  book  is  public  property,  and  is  prepared  for  the  use  of 
school  officers  and  teachers. 


IKTT.-ROIDIJCTOK.lir, 


A  resolution  by  the  State  Board  of  Education,  directing  the 
preparation  of  this  edition  of  the  SCHOOL  LAW,  makes  the  work 
authoritative  as  a  guide  for  school  officers.  For  this  reason  it  is 
deemed  unnecessary  to  encumber  the  book  with  specific  refer- 
ences to  the  sources  from  which  it  was  compiled,  such  references 
appearing  only  in  the  preceding  summary  or  syllabus  of  each 
general  division  of  contents.  The  compiler  sought  to  arrange 
the  matter  for  the  convenience  of  school  officers,  without  regard 
to  the  order  in  which  it  is  printed  in  legislative  documents. 

It  is  believed  that  this  compilation  contains  all  the  consti- 
tutional and  statutory  provisions  governing  the  school  system  of 
the  State.  It  embraces  general  provisions  relating  to  the  public 
schools  and  the  requirements  for  officers,  many  enactments  pro- 
viding a  revenue,  the  lands  appropriated  for  the  use  of  public 
schools,  and  State  educational  institutions.  Only  the  provisions 
lor  current  revenue,  acts  of  a  local  character,  and  repealing 
clauses  have  been  omitted. 

In  the  appendices  may  be  found  extracts  from  the  decisions 
of  the  Supreme  Court  of  Louisiana  and  regulations  adopted  by 
the  State  Board  of  Education, 

.  The  compiler  has  added  a  few  annotations  where  experience 
has  taught  him  to  anticipate  difficulties  in  construction. 

A.  D.  LAFARGUE, 
State  Superintendent  of  Public  Education* 


82741 


CONSTITUTIONAL    PROVISIONS. 


(ADOPTED    IN   1879.) 


ART.  51.  [Prohibiting  State  Aid  to  Sectarian  Institutions.]  — 
No  money  shall  ever  be  taken  from  the  public  treasury,  directly 
or  indirectly,  in  aid  of  any  church,  sect  or  denomination  ot 
religion,  or  in  aid  of  any  priest,  preacher,  minister  or  teacher 
thereof,  as  such ;  and  no  preference  shall  ever  be  given  to,  nor 
any  distinction  made  against  any  church,  sect  or  creed  of  relig- 
ion, or  any  form  of  religious  faith  or  worship;  nor  shall  any 
appropriations  be  made  for  charitable  or  benevolent  purposes  to 
any  person  or  community ;  provided,  this  shall  not  apply  to  the 
State  Asylums  for  the  insane,  and  deaf,  dumb  and  blind,  and  the 
charity  hospitals  and  public  charitable  institutions  conducted 
under  State  authority. 

ART.  207.  [Exemption  of  Educational  Institutions  from  Tax- 
ation.]— The  following  property  shall  be  exempt  from  taxation, 
and  no-  other,  viz :  All  public  property,  places  of  religious 
worship  or  burial,  all  charitable  institutions,  all  buildings  and 
property  used  exclusively  for  colleges,  or  other  school  purposes, 
the  real  and  personal  estate  of  any  public  library  and  that  of 
any  other  literary  association,  used  by  or  connected  with  such 
library;  all  books  and  philosophical  apparatus,  and  all  paintings 
and  statuary  of  any  company  or  association  kept  in  a  public  hall; 
provided,  the  property  so  exempted^  be  not  used  or  leased  for 
purpose  of  private  or  corporate  profit  or  income.  There  shall 
also  be  exempt  from  taxation  household  property  to  the  value  of 
five  hundred  dollars;  there  shall  also  be  exempt  from  taxation 
and  license  for  a  period  of  twenty  years  from  the  adoption  of 
the  Constitution  of  1879,  the  capital,  machinery  and  other  prop- 
erty employed  in  the  manufacture  of  textile  fabrics,  leather, 
shoes,  harness,  saddlery,  hats,  flour,  machinery,  agricultural 


CONSTITUTIONAL   PROVISIONS.  5 

implements,  manufacture  of  ice,  fertilizers  and  chemicals,  and 
furniture  and  other  articles  of  wood,  marble,  or  stone,  soap, 
stationery,  ink  and  paper,  boat  building  and  chocolate;  provided, 
that  not  less  than  five  hands  are  employed  in  any  one  factory. 

ART.  208.  [Poll  Tax.]— The  General  Assembly  shall  levy  an 
annual  poll-tax  for  the  maintainauce  of  public  schools,  upon 
every  male  inhabitant  in  the  State,  over  the  age  of  twenty-one 
years,  which  shall  never  be  less  than  one  dollar,  nor  exceed  one 
dollar  and  a  half  per  capita,  and  the  General  Assembly  shall 
pass  la^s  to  enforce  payment  of  said  tax.  *  *  *  * 

ART.  224.  [State  School  Tax.]— There  shall  be  free  public 
schools  established  by  the  General  Assembly  throughout  the  State, 
for  the  education  of  all  the  children  of  the  State  between  the  ages 
of  six  and  eighteen  years ;  and  the  General  Assembly  shall  pro- 
vide for  their  establishment,  maiutainance  and  support,  by  tax- 
ation or  otherwise,  and  all  moneys  so  raised,  except  the  poll  tax, 
shall  be  distributed  to  each  parish  in  proportion  to  the  number 
of  children  between  the  ages  of  six  and  eighteen  years. 

ART.  225.  [State  and  Parish  Superintendents.] — There  shall 
be  elected  by  the  qualified  voters  of  the  State,  a  Superintendent 
of  Public  Education,  who  shall  hold  his  office  for  the  term  of 
four  years,  and  until  his  successor  is  qualified.  His  duties  shall 
be  prescribed  by  law,  and  he  shall  receive  an  annual  salary  of 
two  thousand  dollars. 

The  aggregate  annual  expenses  of  his  office,  including  his 
salary,  shall  not  exceed  the  sum  of  three  thousand  dollars.  The 
General  Assembly  shall  provide  for  the  appointment  of  parish 
boards  of  public  education  for  the  different  parishes. 

The  parish  boards  may  appoint  a  parish  superintendent  of 
public  schools  in  their  respective  parishes,  who  shall  be  ex-officio 
secretary  of  the  parish  board,  and  whose  salary  for  his  double 
functions  shall  not  exceed  two  hundred  dollars  annually,  except 
that  in  the  parish  of  Orleans  the  salary  of  the  parish  superin- 
tendent shall  be  fixed  by  the  General  Assembly,  to  be  paid  out 
of  the  public  school  funds  according  to  each  parish  respectively. 


6  CONSTITUTIONAL  PROVISIONS. 

ART.  226.  [Instruction  in^the  French  Language.] — The  gen- 
eral exercises  in  the  public  schools  shall  be  conducted  in  the 
English  language,  and  the  elementary  branches  taught  therein-; 
provided,  that  these  elementary  branches  may  be  also  taught  in 
the  French  language  in  those  parishes  in  the  State,  or  localities 
in  said  parish,  where  the  French  language  predominates,  if  no 
additional  expense  is  incurred  thereby. 

ART.  227.  [Poll  Tax  Applicable  Exclusively  to  the  Parish  from 
which  it  is  Collected.]— The  funds  derived  from  the  collection  of 
the  poll-tax  shall  be  applied  exclusively  to  the  maintenance  of 
the  public  schools  as  organized  under  this  constitution,  and  shall 
be  applied  exclusively  to  the  support  of  the  public  schools  in  the 
parish  in  which  the  same  shall  be  collected,  and  shall  be  ac- 
counted for  and  paid  by  the  collecting  officers  directly  to  the 
competent  school  authorities  of  each  parish. 

SEC.  228.  [Sectarian  Schools  Cannot  Receive  Public  School 
Funds.] — No  funds  raised  for  the  support  of  the  public  schools 
shall  be  appropriated  for  or  used  for  the  support  of  any  secta- 
rian schools. 

ART.  229.  [School  Funds— Of  What  They  Shall  Consist.]— The 
school  funds  of  this  State  shall  consist  of: 

1.  The  proceeds  of  taxation  for  school  purposes,  as  pro- 
vided in  the  constitution. 

2.  ThB  interest  on  the  proceeds  of  all  public  lands  hereto- 
fore granted  by  the  United  States  for  the  use  and  support  of  the 
public  schools. 

3.  Of  all  lands  and  other  property  which  may  hereafter  be 
bequeathed,  granted  or  donated  to  the  State,  or  generally  for 
school  purposes. 

4.  All  funds  or  property,  other   than   unimproved   lands, 
bequeathed  or  granted  to  the  State,  not  designated  for  other 
purposes. 

5.  The  proceeds  of  vacant  estates  falling  under  the  law  to 
the  State  of  Louisiana. 


CONSTITUTIONAL  PROVISIONS.  7 

The  legislature  may  appropriate  to  the  same  fund  the  pro- 
ceeds, in  whole  or  in  part,  of  public  lands  not  designated  for  any 
other  purposes,  and  shall  provide  that  every  parish  may  levy  a 
tax  for  the  public  schools  therein,  which  shall  not  exceed  the 
State  tax ;  provided,  that  with  such  tax  the  whole  amount  of 
parish  taxes  shall  not  exceed  the  limits  of  parish  taxation  fixed 
by  this  constitution. 

ART.  230.  [State  University.] — The  University  of  Louisiana, 
as  at  present  established  and  located  at  .New  Orleans,  is  hereby 
recognized  in  its  three  departments— to- wit:  the  law,  the  medical 
and  the  agricultural  departments — to  be  governed  and  controlled 
by  appropriate  faculties.  The  General  Assembly  shall,  from 
time  to  time,  make  such  provision  for  the  proper  government, 
maintenance  and  support  of  said  State  University  of  Louisiana, 
and  all  the  departments  thereof,  as  the  public  necessity  and  well- 
being  of  the  people  of  the  State  of  Louisiana  may  require,  not  to 
exceed  ten  thousand  dollars  annually. 

The  Louisiana  State  University  and  Agricultural  and  Me- 
chanical College,  now  established  and  located  in  the  city  of 
Baton  Rouge,  is  hereby  recognized,  and  all  revenues  derived  and 
to  be  derived  from  the  sales  of  land  or  land  scrip,  donated  *by  the 
United  States  to  the  State  of  Louisiana  for  the  use  of  seminary 
of  learning,  and  mechanical  and  agricultural  college,  shall  be 
appropriated  exclusively  to  the  maintenance  and  support  of  said 
University  and  Mechanical  and  Agricultural  College,  and  the 
General  Assembly  shall  from  time  to  time  make  such  additional 
appropriations  for  the  maintenance  and  support  of  said  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  as 
the  public  necessities  and  the  well-being  of  the  people  of  the 
State  of  Louisiana  may  require,  not  to  exceed  ten  thousand 
dollars  annually. 

ART.  231.  [Colored  University.]— The  General  Assembly 
shall  also  establish  in  the  city  of  New  Orleans  a  University  for 
the  education  of  persons  of  color,  provide  for  its  proper  govern- 
ment, and  shall  make  an  annual  appropriation  of  not  less  than 


8-  CONSTITUTIONAL  PROVISIONS. 

five  thousand  dollars,  nor  more  than  ten  thousand  dollars  for  its 
maintenance  and  support. 

ART.  232.  [Women  Eligible  to  School  Offices.]— Women  over 
twenty-one  years  of  age  shall  be  eligible  to  any  office  of  control 
or  management  under  the  school  laws  of  this  State. 

ART.  233.  [Free  School  Fund,  Seminary  Fund,  and  Agricultural 
and  Mechanical  College  Fund.]— The  debt  due  by  the  State  to 
the  free  school  fund  is  hereby  declared  to  be  the  sum  of  one 
million,  one  hundred  and  thirty  thousand,  eight  hundred  and 
sixty-seven  51-100  dollars  in  principal,  and  shall  be  placed 
on  the  books  of  the  Auditcr  to  the  credit  of  the  several 
townships  entitled  to  the  same  5  the  said  principal  being  the 
proceeds  of  the  sales  of  laud  heretofore  granted  by  the  United 
States  for  the  use  and  support  of  iree  public  schools,  which 
amount  shall  be  held  by  the  State  as  a  loan,  and  shall  be  held 
and  remain  a  perpetual  fund,  on  which  the  State  shall  pay  an 
annual  interest  of  four  per  cent,  from  the  first  day  of  January, 
1880,  and  that  said  interest  shall  be  paid  on  the  several  town- 
ships in  the  State,  entitled  to  the  same  in  accordance  with  the 
act  of  Congress,  ]S'o.  08,  approved  February  5,  1843;  and  the 
bonds  of  the  State  heretofore  issued  belonging  to  said  fund,  and 
sold  under  the  act  of  the  General  Assembly,  No.  81,  of  1872,  are 
hereby  declared  null  and  void,  and  the  General  Assembly  shall 
make  no  provision  for  their  payment,  and  may  cause  them  to  be 
destroyed. 

The  debt  due  by  the  State  to  the  Seminary  fund  is  hereby 
declared  to  be  one  hundred  and  thirty -six  thousand  dollars, 
being  the  proceeds  of  the  sales  of  the  laud  heretofore  granted  by 
the  United  States  to  the  State,  for  the  use  of  a  Seminary  of 
Learning,  and  said  amount  shall  be  placed  to  the  credit  of  said 
fund  on  the  books  of  the  Auditor  of  the  State,  as  a  perpetual 
loan,  and  the  State  shall  pay  an  annual  interest  of  four  per  cent 
on  said  amount  from  January  1st,  1880,  for  the  use  of  said  Semi- 
nary of  Learning;  and  the  consolidated  bonds  of  the  State  now 
held  for  the  use  of  said  fund  shall  be  null  and  void  after  the  first 


GENERAL   PROVISIONS. 


day  of  January,  1880,  and  the  General  Assembly  shall  never 
make  any  provision  for  their  payment,  and  they  shall  be  destroyed 
in  such  manner  as  the  General  Assembly  may  direct. 

The  debt  due  by  the  State  to  the  Agricultural  and  Mechan- 
ical College  fund,  is  hereby  declared  to  be  the  sum  of  one  hundred 
and  eighty-two  thousand,  three  hundred  and  thirteen  3-100  dol- 
lars, being  the  proceeds  of  the  sales  of  lands  and  land  scrip 
heretofore  granted  by  the  United  States  to  this  State,  for  the 
use  of  a  College  for  the  benefit  of  agriculture  and  mechanic  arts ; 
said  amounts  shall  be  placed  .to  the  credit  of  said  fund  on  the 
books  of  the  Auditor  and  Treasurer^of  the  State,  as  a  perpetual 
loan,  and  the  State  shall  pay  an  annual  interest  of  five  per  cent 
on  said  amount  from  .January  1st,  1880,  for  the  use  of  said  Agri- 
cultural an  I  Mechanical  College.  The  consolidated  bonds  of  the 
State  now  held  by  the  State  for  the  use  of  said  fund,  shall  be 
null  and  void  after  the  first* day  of  January,  1880,  and  the  Gen- 
eral Assembly  shall  not  make  any  provision  for  their  payment, 
and  they  shall  be  destroyed  in  such  manner  as  the  General 
Assembly  may  direct. 

The  interest  provided  for  by  this  article  shall  be  paid  out  of 
any  tax  that  may  be  levied  and  collected  for  the  general  pur- 
poses of  public  education. 

I.    GENERAL  PROVISIONS. 


1.  IS.  I,  A,  81,  1888.]— State  Board 

of  Education ;  of  whom  com- 
posed and  how  appointed;  a 
body  corporate ;  compensation. 

2.  IS.  2,  A.  81,  1888.]— Regular  and 

called  meetings. 

3.  [S.  4,  A.  81,  1888.]— May  require 

additional  reports  to  be  made 
by  the  parish  superintendent. 

4.  [S.  3,  A.  81,  1888.]— Appoints  par- 

ish school  directors;  prepares 
rules  for  the  government  of  the 
schools ;  adopts  text-books. 

5.  IS.  1,  A.  57,   1892.]— Women  are 

eligible  to  school  offices. 


6.  [_S.   1,  A,  29;   1892.]— Parish  offi- 

cers ;  term  of  office ;  how  vacan- 
cies shall  be  rilled ;  oath  of 
office. 

7.  [Same.] — Removal  for  neglect  of 

duty. 

8.  IS.  6,  A.  81,  1888.]— Parish  boards 

bodies  corporate. 

9.  IS.  2,  A.  70,  1882.]— Evidences  of 

debt  are  non-negotiable. 

10.  [S.  4,  A  82,  1873.]— State  and 
parish  boards  cannot  be  com- 
pelled to  give  bond  and  secu- 
rity in  suits. 


10 


GENERAL   PROVISIONS. 


I.  GENERAL  PROVISIONS — Continued. 


11.  IS.  7,   A.  122,   1874.]— Attorneys 

may  be  appointed  to  protect 
school  interests. 

12.  IS.  9,  A.  81,  1888.]— Attorney  of 

the  parish  boards. 

13.  IS.  7,  A.  81,  1888.]— Parish  school 

boards;  officers  and  auxiliary 
visiting  trustees;  must  report 
all  deficiences  in  the  schools 
or  neglect  of  duty  to  the  State 
Board  of  Education ;  apportion 
the  school  fund,  determine 
number  and  location  of  schools 
to  be  established,  number  of 
teachers  to  be  employed  and 
salaries;  make  rules  for  their 
own  government;  date  of  meet- 
ings ;  compensation  ;  must  ex- 
ercise vigilance  in  securing  all 
funds  due;  may  receive  land 
grants  and  provide  for  the 
erection  of  school  houses ;  fur- 
niture, apparatus,  contracts  ; 
change  of  school  location. 

14.  IS.  73,  A.  81,  1888  ]— Restrictions 

on  contracts  and  debts 

15.  [_S.  15,  A.  81,  1888.]— President  of 

the  parish  board:  presides  atj 
.  meetings  of  the  board;  calls 
special  meetings;  assists  the 
parish  superintendent,  and 
signs  contracts.  Secretary: 
keeps  a  record  of  the  board's 
proceedings. 

16.  \_S.  1,  A.  36,  1894.]— Reports  to  be 

made  by  certain  officers  to  the 


State  Auditor. 

17.  [S.   2,  A.  36,   1894.]— Reports  to 

clerk  of  court. 

18.  [S.  3,  A.  36,  1894.]— Salary  not  to 

be  paid  until  the  two  foregoing 
sections  aie  complied  with. 

19.  IS.  1298,   R.  S.  1869.]— Power  of 

the  school  boards  with  refer- 
ence to  expropriations. 

20.  \_S.  1299,  R.  S.  1869.]— Institution 

of  suit  upon  dissatisfaction  at 
assessments. 

21.  IS.  1300,  R.  S.  1869  ]— Failure  of 

officers  to  perform    duty    im- 
posed. 

22.  {_S    1305,   R.   S.   1869.]— The  sale 

which  can  be  made  by  the  Reg- 
*  ister  of  the  Land  Office. 

23.  S.  1306,  R.  S.  1869.]— How  located. 

24.  [S.   1307,    R.   S.  1869.]— Reserva- 

tions of  school  lands. 

25.  [S.    1308,    R.    A'.    1869.]— Scrips 

should  issue  only   when  loca- 
tions cannot  be  made. 

26.  IS.  2,   A.  89,   1894.  —Exemptions 

from  jury  duty. 

27.  S    11,   A.  81,   1888.]  -Division  of 

parishes  into  school  districts. 

28  [S.  12,  A.  81,  1888.]— School  dis- 
districts  in  two  adjoining  par- 
ishes ;  how  laid  oft'. 

29.  IS.  13,  A.  81,  1888.]— Option  when 
school  districts  adjoin  as  to 
which  school  certain  children 
will  attend. 


SECTION  1.  [State  Board  of  Education.]— The  Governor  and 
the  Superintendent  of  Public  Education,  and  the  Attorney  Gen- 
eral, together  with  six  citizens  to  be  appointed  by  the  Governor, 
one  from  each  Congressional  District  of  the  State,  shall  be  a 
body  politic  and  corporate  by  the  name  and  style  of  the  Board 
of  Education  for  the  State  of  Louisiana,  with  authority  to  sue  and 


GENERAL   PROVISIONS.  11 

defend  suits  in  all  matters  relating  to  the  interest  of  the  public 
schools.  The  above  specified  six  citizens  shall  receive,  as  com- 
pensation for  their  services  in  attending  the  meetings  of  the 
board,  their  actual  traveling  expenses  and  per  diem  for  the  num- 
ber of  days  that  the  board  is  in  session,  the  same  as  members  of 
the  State  Legislature,  payable  on  their  warrants,  approved  by 
the  president  and  secretary  of  the  board,  out  of  the  school  fund. 

SEC.  2.  [Time  of  Meeting.] — The  Governor  shall  be  ex-officio 
the  president,  and  the  State  Superintendent  the  secretary.  The 
board  shall  meet  on  or  before  the  first  Monday  of  December  of 
each  year,  and  at  other  times  upon  the  call  ot  the  State  Super- 
intendent. .  The  acts  of  the  board  shall  be  attested  by  the  sig- 
nature of  the  president. 

SEC.  3.  [May  Require  Reports  of  ^Parish  Superintendents.] — 
The  State  Board  of  Education  may  require  reports  to  be  made 
by  the  parish  superintendent  whenever  the  interest  of  the  com- 
mon schools  indicate  the  necessity  of  other  reports  than  now 
required. 

SEC.  4.  [Duties  and  Powers ;  Appoint  School  Directors ;  Text 
Books.] — The  State  Board  of  Education  shall  appoint  for  each 
parish  in  the  State,  except  the  parish  of  Orleans,  a  board  of 
school  directors  consisting  of  not  less  than  five,  nor  more  than 
nitie,  qualified  citizens  of  the  parish.  The  Governor  shall  issue 
a  commission  to  each  of  said  directors.  The  State  Board  of 
Education  shall  prepare  rules,  by-laws  and  regulations  for  the 
government  of  the  common  schools  of  the  State,  which  shall  be 
enforced  by  the  parish  superintendents  and  the  several  school 
boards,  and  shall  give  such  directions  as  it  may  see  proper  as  to 
the  branches  of  study  which  shall  be  taught.  TheJState  Board 
iShall  strictly  enforce  a  uniformity  of  text  books  in  all  the  public 
schools,  and  shall  adopt  a  list  thereot,  which  shall  remain 
unchanged  for  lour  years  after  such  adoption.  For  satisfactory 
reasons  shown  to  said  board,  it  may  change  said  list  or  adopt  a 
list  generally  preferred  by  teachers  or  parents  in  certain  locali- 
ties, maintaining  as  far  as  possible  a  uniformity  of  text  books, 


12  GENERAL   PROVISIONS. 

and  without  placing  parents  and  guardians  to  further  expense. 
The  adoption  of  such  a  list  and  apparatus  shall  be  by  contract  to 
the  lowest  bidder,  subject  to  the  change  aforesaid,  and  to  the 
best  advantage  as  to  cost  to  pupils. 

SEC.  5.  [Women  Eligible  to  Office.]— Article  233  of  the  Con- 
stitution of  1879  of  the  State  of  Louisiana  is  hereby  declared  to 
be  operative,  and  women  over  twenty-one  years  of  age  are  hereby 
declared  eligible  to  any  office  of  control  or  management  under 
the  School  Laws  ot  this  State. 

SEC.  G  | Term  of  Office;  Parish  Officers.]— The  term  of  office 
of  the  members  of  the  school  boards  and  of  the  parish  superin- 
tendents shall  be  tour  years  from  the  time  of  their  appointment. 
All  vacancies  occurring  on  the  parish  school  boards  during  the 
interval  between  the  meetings  of  the  State  Board  of  Education 
shall  be  filled  by  appointment  by  the  Governor  subject  to  the 
ratification  of  said  Stat  *  board  at  its  next  meeting;  provided 
these  officers  of  the  parish  boards  shall  take  the  usual  oath  of 
office,  which  oath  shall  be  tiled  in  the  office  of  the  State  Superin- 
tendent of  Public  Education. 

SEC.  7.  [Removal  for  Neglect  of  Duty  or  Malfeasance  in  Office.] 
— For  neglect  of  duty  or  malfeasance  in  office  the  Governor  may 
remove  a  member  or  members  of  this  parish  boards  of  school 
directors  subject  to  the  ratification  of  the  State  Board  of  Edu- 
cation j  and  for  sufficient  cause  the  parish  board  ot  school 
directors  may  remove,  the  parish  superiirendeut  of  public  edu- 
cation, subject  to  an  appeal  to  the  State  Board  of  Education ; 
provided,  this  appeal  be  taken  within  ten  days  after  his  dismissal. 
The  appeal  shall  not  have  the  effect  of  suspending  the  board's 
action  of  dismissal  during  i^s  pendency  but  the  parish  superin- 
tendent shall  be  reinstated  if  the  State  board  decides  that  he 
was  dismissed  without  cause  and  reverses  the  decision  of  the 
paiish  school  board. 

SEC.  8.  [School  Boards  Bodies  Corporate.]— The  several  school 
boards  are  constituted  bodies  corporate  with  power  to  sue  and 
be  sued,  under  the  name  and  style  of  the  "Parish  Board  of 


GENERAL   PROVISIONS.  13 

Directors  of  the  Parish  of ,"  as  the  case  may  be.     Citations 

shall  be  served  on  the  president  of  the  board. 

SEC.  9.  [Evidences  of  Debt  Not  Negotiable.]— Said  board  shall 
have  no  power  to  issue  negotiable  evidences  of  debt. 

SEC.  10.  [State  and  Parish  Boards  Exempt  from  Furnishing 
Bonds  in  Suit— In  all  judicial  proceedings  where,  by  law,  bond 
and  security  are  required  from  litigants,  the  State  Board  of 
Education  shall  be  dispensed  from  furnishing  bond  or  security ; 
and  in  all  suits  in  which  the  State  or  parish  board  of  education 
may  be  plaintiffs,  defendants,  iutervenors,  garnishees,  or  inter- 
ested in  any  manner  whatsoever,  it  shall  be  the  duty  of  the  court- 
before  whom  such  suits  are  pending,  on  the  affidavit  of  the 
attorney  representing  the  State  or  parish  board  of  education,  if 
the  case  is  one  of  serious  public  interest  and  in  which  a  speedy 
decision  is  desirable,  to  set  the  cause  for  trial  by  preference,  and 
all  such  cases  may  also  be  fixed  for  trial  as  early  as  possible  on 
motion  or  petition  of  the  attorney  of  the  State  or  parish  board  of 
education. 

SEC.  11.  [State  Superintendent  to  Appoint  Attorneys  in  Certain 
Cases.] — The  Superintendent  of  Public  Education  may  appoint  a 
person  of  legal  attainments  in  each  school  division  (parish)  of 
the  State,  to  examine  notes  due  and  other  assets  arising  out  of 
purchase  of  lands  granted  to  educational  purposes;  to  recover 
lands  improperly  held  and  revenues  diverted,  and  generally  pro- 
tect the  school  interests  in  matters  appertaining  thereto.  He 
(the  attorney)  shall  be  paid  a  commission  on  moneys  recovered, 
not  exceeding  ten  per  cent,  and  on  the  value  of  lands  and  other 
property  recovered,  not  exceeding  five  per  cent. 

SEC.  12.  [Attorney  of  Parish  Board.]— The  district  attorney 
of  the  district,  or  any  other  attorny  selected  by  the  board,  shall 
act  as  counsel  for  the  parish  board. 

SEC.  13  [Duty  and  Authority  of  Parish  Boards.] — The  parish 
board  of  directors  shall  select  from  their  number  a  president. 
They  shall  elect  or  appoint  a  parish  superintendent,  who  shall 
be  ex-officio  secretary  of  the  board.  They  are  authorized,  in 


14  GKENERAL  PROVISIONS. 

their  discretion,  to  appoint  auxiliary  visiting  trustees  for  each 
ward  or  school  district,  or  school  in  the  parish;  such  trustees  to 
make  quarterly  reports  to  the  parish  boards  of  the  actual  condi- 
tion of,  and  shall  make  needful  suggestions  in  all  matters 
relating  to  the  schools  they  have  in  charge  as  trustees.  The 
parish  board  of  directors  shall  report  to  the  State  Board  of 
Education  all  deficiencies  in  the  schools,  or  neglect  of  duty  on 
the  part  of  teachers,  superintendent  or  other  officer.  They  shall 
visit  and  examine  the  schools  in  the  several  school  districts  of 
the  parish,  from  time  to  time,  and  they  shall  meet  and  advise 
with  the  trustees  when  occasion  requires  (if  auxiliary  trustees 
be  appointed  by  tie  board  of  the  parish).  They  shall  apportion 
the  school  fund  to  the.  several  districts  in  the  parish  in  proportion 
to  the  number  of  persons  in  the  district  between  the  ages  of  six 
and  eighteen  years,  and  shall  determine  the  number  of  schools 
to  be  opened,  the  location  of  the  school  houses,  the  number  of 
teachers  to  be  employed,  their  salary;  and  the  said  school  board 
is  entrusted  with  seeing  that  the  provisions  of  the  law  are  com- 
plied with.  They  shall  make  such  rules  and  by-laws  for  their 
own  government  (not  inconsistent  with  the  law)  as  they  may 
deem  proper.  The  regular  meeting  of  each  parish  board  shall 
be  held  on  the  first  Saturday  of  January,  April,  July  and  Octo- 
ber, and  it  may  hold  such  special  and  adjourned  meetings  as  the 
board  may  determine,  or  as  occasion  may  require.  Each  member 
shall  receive  payment  for  his  attendance  at  school  board  meetings, 
when  the  board  shall  hold  regular  sessions  on  the  days  before 
mentioned ;  provided,  that  the  amount  be  not  fixed  by  the  said 
board  at  more  than  two  dollars  per  diem,  and  provided  that  the 
whole  amount  expended  annually  shall  not  exceed  one  hundred 
dollar^.  The  school  boards  shall  exercise  proper  vigilance  in 
securing  for  the  schools  of  the  parish  all  funds  destined  for  the 
support  ol  the  schools,  including  the  State  fund  apportioned 
thereto,  the  poll  tax  collectible,  and  all  other  funds.  They  shall 
keep  a  record  of  all  their  transactions  and  proceedings.  The 
school  boards  may  receive  land  by  purchase  or  donation,  for  the 
purpose  of  erecting  a  school  house,  provide  for  and  secure  the 


GENERAL   PROVISIONS.  15 

erection  of  same,  construct  such  outbuildings  and  enclosures  as 
shall  be  conducive  to  the  protection  of  the  property,  make 
repairs  and  provide  the  necessary  furniture  and  apparatus.  All 
contracts  for  improvements  shall  be  to  the  lowest  responsible 
bidder,  the  board  reserving  the  right  to  reject  any  and  all  bids. 
They  shall  have  power  to  recover  for  any  damages  that  may  be 
done  the  property  in  their  charge;  they  may,  by  a  two-third 
vote  of  the  whole  board,  after  due  notice,  change  the  location  of 
the  school- house,  sell  or  dispose  of  the  old  site  and  use  the  pro- 
ceeds thereof  towards  procuring  a  new  one. 

SEC.  14.  [Restrictions  on  Contracts  and  Debts.] — The  dif- 
ferent boards  of  directors  shall  not  be  empowered  to  make 
contracts  or  debts  for  any  one  year  greater  than  the  amount  of 
revenue  prov  ded  for  according  to  this  act,  it  being  the  intent 
hereof  that  parties  contracting  with  said  board  shall  take  heed 
that  durt  revenue  shall  have  been  provided  to  satisfy  the  clai/nr 
otherwise  they  may  lose  and  forfeit  the  sa,ine,  and  no  action  or 
execution  shall  be  allowed  in  aid  thereof,  and  that  the  board 
shall  not  exceed  their  powers  in  incurring  the  debt. 

SEC.  15.  [Duties  of  President  and  Secretary  of  the  Board.]— 
The  president  shall  preside  at  the  meetings  of  the  board, 
caH  special  meetings  when  necessary,  advise  with  and  assist  the 
parish  superintendent  in  promoting  the  success  of  the  schools, 
and  generally  do  and  perform  all  other  acts  and  duties  pertain- 
ing to  his  office  of  president  of  the  board.  All  deeds  and  con- 
tracts for  the  schools,  including  those  with  teachers,  are  to  be 
signed  by  him  ;  the  latter  also  by  the  parish  superintendent. 

The  secretary  shall  keep  fall  minutes  of  all  proceedings  of 
the  board  in  a  book  provided  for  the  purpose,  and  shall  do  and 
perform  all  other  acts  and  duties  legally  pertaining  to  the  office 
of  secretary  of  the  board. 

SEC.  1C.  [Reports  of  State  and  Parish  Boards  and  Officers.] — 
In  addition  to  the  biennial  reports  now  required  by  law  from 
State  and  district  boards,  the  State  and  district  officers,  or 
other  persons  receiving  or  disbursing  State  or  district  funds, 


16  GENERAL   PROVISIONS. 

said  boards,  officers  and  persons  shall  render,  in  writing,  to  the 
State  Auditor,  semi-annual  itemized  detailed  reports,  which  in 
case  of  the  report  of  a  board  or  its  representatives,  shall  be  signed 
by  the  president  and  secretary  of  the  board,  showing  the  several 
sums  received  and  from  what  source,  and  the  several  sums  dis- 
bursed and  for  what  purpose  and  to  whom  paid,  the  said  reports 
to  be  made  on  or  before  the  first  days  of  June  or  December  of  each 
year;  and  in  the  event  of  the  failure  so  to  do  on  the  p,irt  of  any 
board  or  district  officer  or  other  person  above  named,  the  Auditor 
shall  report  the  delinquency  to  the  Governor  within  tifteea  days 
after  said  failure,  who  shall  be  authorized  thereupon,  to  remove 
from  office  the  members  of  said  board,  or  district  officer  or  other 
person  as  for  cause,  unless  it  may  be  made  to  appear  to  the  satis- 
faction of  the  Governor,  that  said  failure  or  delinquency  occurred 
from  unavoidable  or  excusable  causes. 

SEC.  17.  [Concerning  Officers.] — All  parish  boards  and  par- 
ish officers  having  in  charge  the  reception  of,  or  disburse- 
ment of,  public  funds  shall  make  semi-annual  itemized,  detailed 
accounts  as  required  above  to  the  clerk  of  court  of  the  respective 
parishes,  under  the  forms,  conditions  and  penalties  enumerated 
in  Section  16  "of  this  act. 

SEC.  18.  [Penalties  for  Non-Compliance.] — In  ca-e  any  sala- 
ried officer  of  the  State  failing  to  file  with  the  Auditor  of 
Public  Accounts  semi-annual  itemized,  detailed  accounts,  as 
provided  in  the  sixteenth  section  of  this  act  the  Auditor  shall, 
within  fifteen  days  thereafter,  furnish  to  the  Treasurer  of  the 
State,  a  certificate  to  that  effect  and  thereafter  it  shall  be  illegal 
for  the  Auditor  to  audit  any  warrant  of  said  officer  for  salary, 
or  the  Treasurer  to  pay  the  same,  until  such  time  as  the  delin- 
quent officer  shall  have  complied  with  the  foregoing  provisions. 

SEC.  19.  [Power  of  the  District  Board  in  Expropriations.]— 
When  land  shall  be  required  for  the  erection  of  a  school  house 
or  for  enlarging  a  school  house  lot,  and  the  owner  refuses  to 
sell  the  same  for  a  reasonable  compensation,  the  District  Board 
of  School  Directors  shall  have  the  power  to  select  and  possess 


GENERAL  PROVISIONS.  17 

such  sites  embracing  space  sufficiently  extensive  to  answer  the 
purpose  of  school  house  and  grounds. 

SEC.  20.  [Relative  to  the  Value  of  the  Grounds.]— Should 
such  land  holder  deem  the  sum  assessed  too  small,  he  shall 
have  the  right  to  institute  suit  before  any  proper  judicial 
tribunal  for  his  claim;  but  the  title  shall  pass  from  him  to  the 
school  corporation. 

SEC.  21.  [Penalty  for  Non-Performance  of  Duty.] — A  failure 
on  the  part  of  any  district,  parish  or  State  officer  to  per- 
form the  duty  imposed  upon  him  by  any  section  of  this  act,  under 
the  tide,  " Education,"  and  in  the  manner  herein  specified,  is 
hereby  declared  a  misdemeanor  in  office.  Upon  conviction  thereof, 
such  officer  shall  be  punished  by  a  fine  not  less  than  fifty,  and 
not  exceeding  one  hundred  dollars,  and  by  imprisonment  in  the 
jiarish  prison  for  a  term  of  not  less  than  thirty  days,  and  not 
exceeding  three  mouths.  All  prosecutions  for  offenses  against 
this  section  shall  have  precedence  over  all  cases  before  any  jus- 
tice of  the  peace,  parish  or  district  court. 

SEC.  22.  [Sale  Which  Can  be  Made  by  the  Land  Register.] — 
It  shall  be  lawful  for  the  Eegister  of  the  Land  Office  to  sell, 
at  the  price  stipulated  by  law,  to  any  Board  of  Free  School 
Directors  of  this  State,  any  amount,  not  less  than  five  acres, 
of  any  land  within  their  school  district,  donated  by  Congress 
to  this  State,  either  for  the  use  of  a  seminary  of  learning,  or 
for  the  purpose  of  internal  improvement,  on  which  to  erect  a 
school  house. 

SEC.  23.  [How  Located.]— Any  land  so  sold  shall  commence 
in  the  corner  of  a  legal  division  or  sub-divisions  of  sections ; 
and  if  in  a  right  angle,  it  shall  be  run  an  equal  distance 
on  two  sides,  bounded  by  the  line  of  such  division,  and  form  a 
square  including  the  number  of  acres  sold ;  if  in  an  acute  angle, 
it  shall  be  bounded  by  said  division  lines  to  such  distance,  and 
by  lines  in  such  other  directions  as  the  Eegister  may  deem  most 
equitable  between  the  land  so  sold  and  that  retained ;  the  pat- 
ents for  lauds  so  sold  shall  issue  to  the  free  school  directors  and 
2 


18  GENERAL  PROVISIONS. 

their  successors,  for  the  use  of  their  district  schools,  setting  forth 
the  number,  and  of  what  parish. 

SEC.  24.  [Reservations  of  School  Lands.]— The  Register  of 
the  State  Land  Office  at  Baton  Eouge  is  required  to  ascer- 
tain in  what  township  in  this  State,  there  are  no  reserva-. 
tions  of  school  sections  by  reason  of  conflicting  claims  or  from 
any  other  cause,  or  where  the  reservation  is  less  than  contem- 
plated by  law ;  and  in  such  cases  it  is  made  his  duty  under  the 
superintendence  of  the  Governor,  to  apply  for,  and  as  soon  as 
possible,  obtain  a  location  of  any  land  or  part  of  land  in  lieu 
thereof. 

SEC.  25.  [Scrips  Should  Issue  Only  When  Locations  Cannot  be 
Made.] — When  such  locations  cannot  be  made,  if  deemed  more 
advantageous  to  the  State,  the  Register,  with  the  assent  of  the 
Federal  Government,  is  authorized  to  issue  scrip  for  such  lands, 
which  scrip  shall  not  be  sold  for  a  less  amount  than  one  dollar 
and  twenty-five  cents  per  acre. 

SEC.  26.  [Exemptions  from  Jury  Duty.] — The  following  per- 
sons shall  be  exempted  from  serving  as  jurors,  but  the  exemp- 
tion shall  be  personal  to  them,  and  when  they  do  not  themselves 
claim  the  exemption  it  shall  not  be  sufficient  cause  from  chal- 
lenging any  person  exempt  under  the  provisions  of  this  act. 

*  *        *        The  Governor,  Lieutenant  Governor,  State  Au- 
ditor, State  Treasurer,  Secretary  of  the  State,  Superintendent  of 
Public  Education,  their  clerks  and  employees,  and  all  public 
officers,  commissioned  under  the  authority  of  the  United  States. 

*  *        *        professors  and  school  teachers  while  employed 
in  teaching.      ********** 

SEC.  27.  [Division  of  Parishes  Into  School  Districts.]— It  shall 
be  the  duty  of  the  parish  board,  with  the  parish  superin- 
tendent, to  divide  the  parish  into  school  districts  of  such  proper 
and  convenient  area  and  shape  as  will  best  accommodate  the 
children  of  the  parish.  The  parish  boards  shall,  as  soon  as 
practicable,  proceed  to  the  work  imposed  tpon  them,  and  upon 
completing  this  work,  they  shall  make  a  report  to  the  parish 


STATE   SUPERINTENDENT   OF  PUBLIC  EDUCATION. 


19* 


superintendent,  which  report  shall  contain  the  boundary  and 
description  of  the  said  district  designated  by  number.  The 
parish  superintendent  shall  record  the  same  in  a  well  bound 
book,  kept  by  him  for  the  purpose,  which  book  shall  be  held  by 
said  parish  superintendent,  and  be  at  all  times  open  to  inspec- 
tion. The  parish  board,  if  they  deem  it  to  the  best  interests  of 
the  schools,  may  divide  the  parish  into  districts  without  refer- 
ence to  the  wards  in  the  parish. 

SEC.  28.  [School  Districts  in  Two  Adjoining  Parishes ;  How 
Laid  Off.] — The  parish  superintendents  of  two  adjoining  par- 
ishes, where  the  division  line  intersects  a  neighborhood  whose 
convenience  requires  it,  may  lay  off  a  district  composed  of  parts 
of  both  the  parishes.  Such  districts  shall  be  reported,  together 
with  the  census  of  school  children  only  as  belonging  to  the  parish, 
in  which  the  school  house  may  be  situated,  by  the  parish  super- 
intendent of  the  parish ;  and  report  shall  be  made  by  the  assessor 
and  the  parish  superintendent  as  though  it  lay  entirely  in  the 
parish. 

SEC.  29.  [Option  Which  District  School  Children  Will  Attend,] 
Where  two  school  districts  adjoin,  it  shall  be  lawful  for  the 
children  in  either  of  the  said  adjoining  districts  to  be  taught 
in  and  at  such  school  house  as  shall  be  most  convenient 
to  them ;  provided,  that  their  tuition  fees  shall  be  paid  to  the 
district  in  which  they  are  taught,  and  that  no  change  be  made 
without  the  assent  of  the  school  boards  of  the  respective  parishes. 

II.  STATE  SUPERINTENDENT  OF  PUBLIC  EDUCATION. 


30.  IS.  16,  A.  81,  1888.]— Au  office  to 

be  provided  for  the  State  Su- 
perintendent;  custody  of  pa- 
pers and  records;  vacancy 
filled  by  appointment  from  the 
Governor. 

31.  \_S.   17,  A.  81.   1888  ]— Salary  of 

the  State  Superintendent,  his 
office,  stationery,  clerk,  porter. 

32.  IS.   18,   A.  81,  1888.]— Duties  of 


•  the  State  Superintendent  and 
the  schools  subject  to  his  super- 
visory control 

33.  i$.  19,  A  81,  1888  ]— Accounts  he 

shall  keep. 

34.  [S.  20,  A.  81,  1888.]— Biennial  re- 

port; what  it  shall  contain; 
number  of  copies  to  be  printed 
and  distributed. 

35.  \_S.  21,  A.  81,  1888.]— Institutions 


20  STATE   SUPERINTENDENT   OF   PUBLIC   EDUCATION. 

II.  STATE  SUPERINTENDENT  OF  PUBLIC  EDUCATION — 
Continued. 

of  the  Blind  and  the  Deaf  and  I  evidence. 

Dumb;    Keports    and    suggea-     37.  [S.  23,  A.  81,  1888.]—  Must  report 
tions  to  be  made  by  the  State  neglect  of  duty   and   the   ini- 

Superintendent.  proper  use  of  school  funds. 

36.  IS.   22,  A.  81,  1888.]-Copies  of     38>  [5.  24,    A.   81,   1888. ]-Decis ions 


the  State  Superintendent's  rec- 
ords and  papers  admissible  in 


and  appeals. 


SEC.  30.  [State  Superintendent  of  Public  Education.]— An 
office  shall  be  provided  for  the  State  Superintendent  of  Public 
Education  at  the  seat  of  government,  in  which  he  shall  file,  each 
year  separately,  all  papers,  reports  and  public  documents  trans- 
mitted to  him  by  the  board  and  officers  whose  duty  it  is  to  report 
to  him,  and  hold  the  same  in  readiness  to  be  examined  by  the 
Governor  whenever  he  sees  proper,  and  by  any  committee  ap- 
pointed by  the  General  Assembly;  and  he  shall  cause  to  be  kept 
a  record  of  all  matters  appertaining  to  his  office.  In  case  of 
vacancy  in  the  office  of  Superintendent  of  Public  Education,  the 
Governor  shall  fill  the  vacancy  and  submit  the  name  of  the 
appointee  to  the  Senate  for  its  confirmation  at  the  first  session 
held  after  the  appointment. 

SEC.  31.  [Salary,  Office  Expenses,  Clerk,  Porter.]— The 
salary  Of  the  Superintendent  of  Public  Education  shall  be  two 
thousand  dollars  per  annum,  besides  which  he  shall  be  entitled 
to  office  fixtures,  stationery,  books,  fuel  and  lights  needed  to 
carry  on  the  work  of  his  office.  He  shall  have  the  authority  to 
appoint  a  clerk  and  a  porter,  and  prescribe  the  duties  of  each ; 
provided,  that  the  entire  expenses  of  his  office,  including  salaries, 
postage  and  incidentals,  shall  not  exceed  the  specific  appropria- 
tion therefor,  payable  in  monthly  installments,  out  of  the  current 
school  fund,  by  the  Treasurer  of  the  State,  upon  the  warrants  of 
the  State  Superintendent. 

SEC.  32.  [Duties  of  the  State  Superintendent.]— The  State 
Superintendent  of  Public  Education  shall  have  general  super- 
vision of  all  boards  of  education,  and  of  all  common,  high  or 


STATE   SUPERINTENDENT   OF  PUBLIC  EDUCATION.  21 

normal  schools  of  the  State,  and  shall  see  that  the  school  system 
is  carried  into  effect  properly.  He  shall  visit  the  several  par- 
ishes of  the  State  whenever  practicable,  at  least  once  a  year? 
and  shall  give  due  notice  of  the  time  of  his  intended  visit  to  the 
parish  superintendent,  whose  duty  it  shall  be  to  meet  and  confer 
with  the  State  Superintendent  on  all  matters  connected  with  the 
interests  of  the  common  schools  of  the  parish ;  while  engaged  in 
this  duty,  his  actual  expenses  shall  be  paid  out  of  the  current 
school  fund,  but  shall  not  in  any  case  exceed  the  amount  appro- 
priated per  annum  for  the  purpose. 

SEC.  33.  [General  Duties  of  the  State  Superintendent] — 
He  shall  keep  an  account  of  all  orders  drawn  or  countersigned 
by  him  on  the  Auditor  of  all  returns  of  settlements,  and  make 
note  of  all  changes,  in  the  appointment  of  school  treasurers ; 
whenever  required  any  part  of  this  account  or  note  of  change 
shall  be  furnished  by  the  Auditor. 

SEC.  34.  [Biennial  Report.] — He  shall  biennially,  on  or  be- 
fore the  meeting  of  the  General  Assembly,  make  a  report  of  the 
condition  and  progress  made  and  possible  improvements  to  be 
made  in  the  common  schools;  the  amount  and  condition  of  the 
school  funds ;  how  its  revenues,  during  the  two  previous  school 
years,  have  been  distributed;  the  amount  collected  and  dis- 
bursed for  common  school  purposes  from  local  taxation  or  from 
any  other  source  of  revenue,  and  how  the  same  was  expended. 
This  report  shall  contain  ail  abstract  of  the  parish  and  city 
superintendents'  reports.  He  shall  communicate  all  facts,  sta- 
tistics and  information  as  are  of  interest  to  the  common  schools. 
He  shall  cause  to  be  printed  a  copy  for  each  school  district  in 
the  State,  two  hundred  copies  for  the  use  of  the  members  of  the 
legislature,  and  to  exchange  with  the  superintendents  of  public 
instruction  of  other  States,  and  three  hundred  copies  for  dis- 
tribution by  the  superintendent. 

SEC.  35.  [Suggestions  to  be  Made  Concerning  Institutions  for 
the  Blind,  Deaf  and  Dumb.] — The  Superintendent  in  his  report 
shall  set  forth  the  objects,  make  suggestions  which  may  be 


22  STATE   SUPERINTENDENT  OF  PUBLIC  EDUCATION. 

of  interest  and  promote  the  success  ot  the  Institutions  of  the 
Blind  and  the  Deaf  and  Dumb.  The  superintendents  of  these 
institutions  shall  annually,  by  the  first  day  of  March,  furnish 
the  State  Superintendent  ot  Public  Education  such  statements 
of  their  respective  institutions  as  may  be  necessary  to  enable 
him  to  make  a  full  and  satisfactory  report. 

SEC.  36.  [Copies  of  Superintendent's  Records  Admissible  in 
Evidence.] — Certified  copies  of  records  and  papers  in  his  office 
^hall,  in  all  cases,  be  evidence  as  admissible  as  the  original. 

SEC.  37.  [Reports  to  State  Board  in  Certain  Cases.] — It  is 
made  part  of  his  duty  to  report  all  neglect  of  duty  or  any  im- 
proper uses  made  of  school  funds  to  the  State  Board  of  Education 
whenever  it  may  come  to  his  knowledge. 

SEC.  38.*  [Decisions  and  Appeals.] — The  State  Superintend- 
ent shall  decide  all  controversies  or  disputes  that  may  arise  or 
exist  among  the  directors,  or  between  the  superintendents  and 
the  board,  and  between  the  superintendents  and  teachers  con- 
cerning their  respective  duties.  The  facts  of  these  controversies 
or  disputes  shall  be  made  known  to  him  by  written  statements 
by  the  parties  thereto,  verified  by  oath  or  affirmation,  if  required, 
-and  accompanied  by  certified  copies  of  all  necessary  minutes, 
contracts,  orders  or  other  documents.  An  appeal  may  be  taken 
from  his  decision  to  the  Board  of  Education,  provided  it  be 
taken  within  fifteen  days  after  his  decision  shall  have  been  made* 
When  called  upon  by  the  Superintendent  of  Public  Education 
the  Attorney  General  shall  give  his  opinion  in  regard  to  any 
controversy  or  dispute.  The  Superintendent  of  Public  Edu- 
cation shall,  whenever  required,  give  advice,  explanations, 
constructions  or  informations  to  the  district  officers  and  super- 
intendents and  citizens  relative  to  the  common  school  law  ;  the 
•duties  of  common  school  officers ;  the  right  and  duties  of  parents, 

*  SECTION  38.  This  department  will  gladly  assist  in  every  way  in  securing  uniform  and 
satisfactory  administration  of  school  affairs.  The  custom  of  answering  proper  inquiries,  from 
•school  officers,  teachers  or  others,  touching  constructions  and  app  ications  of  school  laws,  will 
Continue.  All  correspondence  of  this  kind  is  filed  her*  fo  r  preservation,  letter-press  copi  s 
being  taken  for  that  purpose.  It  is  obvious  that  we  cannot  comply  with  requests  for  the 
return  of  letters  of  inquiry  with  our  replies. 

In  appealing  to  the  State  Superintendent,  copies  of  the  charges  verified  by  oath  should  be 
.furnished  tae  officers  or  persons  complained  against  that  they  may  answer  for  themselves. 


PARISH  SUPERINTENDENT,   TREASURER,  ETC. 


23 


guardians,  pupils  and  all  officers:  the  management  of  the  schools, 
and  all  other  questions  calculated  to  promote  the  cause  of 
education. 

III.  PARISH  SUPERINTENDENT,  TREASURER,  AND  OTHER 

OFFICERS. 


39. 


40. 


\_S.  25,  A.  81,  1888.]— Qualifica- 
tions and  salary  of  the  Parish 
Superintendent. 

[S.  26,  A.  81,  1888,]— Must  visit 
each  school  once  a  year. 

41.  IS.  27,  A.  81,   1888  ]— Additional 

compensation  allowed  for  cer- 
tain services. 

42.  [S.  28,  A.  81,  1888.]— Committee 

for  the  selection  of  teachers. 

43.  IS.  29,  A.  81, 1888.]— Enumeration 

of  educable  youth — each  Parish 
'    Superintendent  to  forward  an 
annual  statement  to  the  State 
Superintendent. 

44.  \_S.  16,  A  85,  1888.]— Duty  of  As- 

sessor in  enumerating  youths. 

45.  IS.  30,  A.  81,  1888  ]— Parish  Su- 

perintendent to  report  annually 
to  the  State  Superintendent. 

46.  [S.  31,  A.  81,  1888.]— Custody  of 

official  documents  by  the  Par- 


47.  IS.    32,  A.   81,    1888.]— Oaths  he 

may  administer. 
48    [S.  33,  A.  81,  1888]— His  office 

days. 

49.  [S.  56,  A.  81,  1888  ]— Parish  Trea- 

surer is  ex-officio  School  Trea- 
surer. 

50.  \_S   57,  A.  81,  1888.]— His  bond; 

in  favor  of  the  Governor; 
amount;  certified  copies  must 
be  furnished  the  State  Super- 
intendent and  the  State  Trea- 
surer. 

51.  IS  58,  A.  81,  1888.]— Transfer  of 

funds  and  documents  of  Parish 
Treasurer  to  his  successor. 

52.  \_S  59,  A.  81,  1888.]— How  funds 

shall  be  disbursed 

53.  IS.  60,  A.  SI,  1888.]— Parish  Trea- 

surer's compensation. 

54.  [S.   61,    A.   81,    1888  ]— Receipts 

and.  disbursements  by  the  Par- 
ish Treasurer ;  his  report  to  the 
State  Superintendent. 


ish  Superintendents. 

SEC.  39.  [Qualifications ;  Salary.] — There  shall  be  a  parish 
superintendent  in  each  of  the  parishes  of  the  State,  the  parish 
of  Orleans  excepted,  who  shall  be  possessed  of  moral  character 
and  ability  to  manage  the  common  school  interest  of  the  parish. 
He  shall  be  of  age.  His  salary  shall  not  be  more  than  two  hun- 
dred dollars  per  annum  for  his  services  as  superintendent  and 
secretary  as  herein  provided. 

SEC.  40.  [Visits  to  be  Made.] — He  shall  during  the  year 
visit  once,  at  least,  each  school  district  in  the  parish,  and  he  shall 
exert  his  best  endeavors  in  promoting  the  cause  of  common 
.sshool  education. 


1M  PARISH    SlIPKRIN'J'KNDllN'l,    TIM'IASURKK,    KT<!. 

SEC.  41.  [Additional  Compensation.]  —  Whenever  his  scrv 
ices  are  quite  eflicient  and  highly  satisfactory  to  the  school  hoard.. 
it  is  authori/ed  in  its  discretion  to  allow  a,n  amount  sufficient  to 
the  parish  superintendent  to  defray  his  expenses  in  visiting  till 
the  schools  in  his  parish.  Tin*,  amount  allowed  shall  never 
exceed  one  hundred  and  twenty-five  dollars  per  annum.  Prior 
to  any  payment  for  expenses  in  visiting  the,  schools,  he,  shall 
make  a  written  report  respecting  the  condition  of  each  school 
examined,  and  -shall  make,  it  appear  that  he,  has  devoted  at 
least  three,  hours  in  examining  each  school  visited.  The  school 
board  is  also  authori/cd  to  defray  his  expenses  to  attend  annu- 
ally the  convention  of  superintendents. 

SEC.  42.*  |  Committee  for  Appointment  of  Teachers.  |—  T  he 
president  of  the  school  board  and  a  member  appointed  by  the 
board,  also  the,  parish  superintendent,  shall  constitute  a  commit- 
tee, and  shall  as  such  appoint  the  teachers  of  the.  common  schools 
for  his  parish,  and  till  vacancies  in  the,  order  of  merit  as  herein- 
after provided.  At  the  first  meeting  of  the  board  after  the 
appointment,  it  shall  be.  noted  in  each  instance  in  the  minutes  of 
its  proceedings. 

SEC.  43.  [Enumeration  of  Educable  Youth.  |—  It  shall  be  the 
duty  of  the,  parish  superintendent,  on  or  before  the,  10th  day 
Of  .January  of  each  year,  to  cause  to  be  placed  in  the  hands  of 
the  State  Superintendent  of  Public  Education  a  report  showing 
the  number  of  children  between  the  ages  of  six  and  eighteen 
years,  residing  in  the  parish,  and  the.  whole,  number  residing  in 
each  district  designated  by  its  number.  lie  shall  take  the 
items  of  his  report  from  the  assessor's  returns  showing  the  said 
number  of  children,  but  he  shall  assure,  himself  of  its  correct 
ness,  and  so  attest  before  a  competent  officer. 

SIM  rioa  i'     'i  h.  -i-ontcK  i  iiuiH  ii-KiiitiiiM  iiuin  tb«  appointment  of  teacher*  b;  tin  a|.|.oni», 
mi-lit  r  .....  mittoe  !•  binding  upon  toe  board  and  only  aunulfikl  ^hen  it*  conditions  are  nnnufllled 

:u.«l  whni  it  rmil.ii.iiiH    iiiiuuMioiiy.iMl    I.ITIIIH  as  uro    solH\    <lrl<  i  min:i  Mr   l>\   llio  |>m  i.sh    l.oanl,  MH 

Illiltti  -I'M  ol   S(  -lir.nl   l«.(-!lli..li      lillinl.f.I    nf    trH,-|nMS.-||||.loVC<l,   llllll   HalliriOi. 

'I'lic  Hii|MMiiil<-iHlciit  limy  <liM(-liiiiu<'  triirhiTH  IOIIIM!   iinwoi-tliy  of  Mni  ti  IIM(  c<»iili(l«'<l  to  tlinn. 
l('o|-  nc^li  rt.  ul  (lnl\     the  linaiil  in;iy  HMIIOV  <•  I  li^  ]i:n  isli  .Mii|M-riliti-nil(-lil  . 


-  liniiril  iiniNt,  linlil  lUttMUttTC  otlic.-iH  T.-siM,iisililn  in  Hiicli  iiiiiniKir  Unit 
"  positive  cluiiai  tcr  and  hlui.ll  not   l*n  liiilil<-  to  lff'|  ill-lit  and  lni|-|ii  Till  cli 


PARISH   SUPERINTENDENT,   TREASURER,   ETC.  25 

SEC.  44.  [Assessor's  Enumeration.] — The  assessors  of  the 
several  parishes  throughout  the  State  (the  parish  of  Orleans 
excepted,)  shall  furnish  to  the  Auditor  of  Public  Accounts, 
within  the  time  prescribed  by  section  12  (the  first  of  January  of 
each  year)  with  blank  forms  of  assessments,  as  follows,  viz : 

*     *     *     WHITE  CHILDREN  BETWEEN  SIX  AND  EIGHTEEN  YEARS. 
MALES, 
FEMALES, 

COLORED  CHILDREN  BETWEEN  SIX  AND  EIGHTEEN  YEARS. 
MALES,  • 

FEMALES, 

And  it  shall  be  the  duty  of  the  said  assessors    *     *     *     to  cor- 
rectly return  the    *     *     statistics  thereto  attached. 

SEC.  45.  [Annual  Report  of  Parish  Superintendent] — He 
(the  parish  superintendent)  shall  previously  to  the  15th  day 
of  January,  mail  to  the  State  Superintendent  of  Public  Educa- 
tion his  official  report,  showing  in  tables  an  aggregate  of 
the  school  districts  in  his  parish  by  number,  the  districts 
in  which  schools  were  taught,  and  the  length  of  time  taught, 
the  highest,  the  lowest,  and  the  average  number  of  children 
at  school,  the  cost  of  tuition  of  eacn  child  for  the  session 
and  per  month,  number  of  private  schools,  academies  and 
colleges  taught  in  the  parish,  and  the  length  of  session  of 
same ;  the  number  of  teachers  employed,  male  and  female,  for 
the  common  schools,  the  average  wages  of  male  teachers,  female 
teachers,  the  amount  of  money  raised  for  school  purposes  in  the 
parish  by  local  tax  or  otherwise,  and  for  whose  purposes  it  was- 
disbursed  ;  the  number  and  kind  of  school  houses,  and  the  value 
of  each,  the  number  built  during  the  year  preceding  the  reportr 
the  number  of  district  libraries  and  the  number  ot  volumes  in 
each,  and  the  increase  during  the  year,  the  amount  received  and 
expended.  In  case  of  his  neglecc  or  failure  to  make  this  report 
in  time  as  required,  he  shall  forfeit  and  pay  the  sum  of  twenty 
dollars  of  his  annual  salary. 

SEC.  46.  [Custody  of  Records,  Papers,  and  Documents.]— 
Each  parish  superintendent  shall  keep  a  record  of  all  the  busi- 


26 

ness  transacted  by  him  as  parish  superintendent,  the  names  and 
numbers,  and  description  of  school  districts,  and  all  other  papers 
and  documents  of  value  connected  with  his  office,  at  all  times 
subject  to  inspection  and  examination  by  any  school  officer  or 
other  person  interested  in  any  question  pertaining  to  the  common 
school. 

SEC.  47.  [Oaths  Superintendent  May  Administer.]— The  parish 
superintendent  may  administer  the  oath  required  of  any  of  the 
officials  of  the  common  schools,  or  of  any  person  required  to 
make  «ath  in  any  matter  relating  thereto,  except  to  qualify 
directors. 

SEC.  48.  [Office  Days.  |— He  shall  attend  at  his  office,  at 
the  parish  seat,  on  the  first  Saturday  of  January,  April,  July 
and  October,  in  each  year,  and  at  such  other  times  as  may  be 
necessary  for  him  to  receive  the  reports  of  teachers  and  others, 
and  to  transact  the  business  required  of  him. 

SEC.  49.  [Parish  Treasurer  is  Ex-Officio  School  Treasurer.]  — 
The  parish  treasurer  in  every  parish  (the  parish  of  Orleans 
excepted)  shall  be  and  is  constituted  the  treasurer  of  all  school 
funds  apportioned  by  the  State  to  such  parish,  or  raised,  col- 
lected or  donated  therein  for  the  support  of  the  free  public 
schools ;  he  shall  receive  and  receipt  for  all  such  funds  to  the 
Treasurer  of  the  State,  and  to  the  collector  of  parish  taxes. 

SEC.  50.  [Bond  of  the  Treasurer.] — Immediately  upon  the 
passage  of  this  act,  and  thereafter  before  he  enters  upon  the 
duties  of  his  office,  the  parish  treasurer  of  each  parish  who  shall 
be  elected  after  the  passage  of  this  act,  shall,  in  addition  to  the 
bond  required  by  existing  law,  execute  a  bond  in  favor  of  the 
Governor  of  the  State,  with  good  and  solvent  security,  in  a  sum 
equal  to  the  amount  annually  apportioned  to  the  parish ;  the 
sureties  on  said  bond  shall  be  residents  of  the  parish,  and  shall 
own  therein  real  estate  worth  over  and  above  all  incumbrance 
the  amount  of  their  obligations  thereon ;  said  bond  must  be 
accepted  by  the  president  of  the  board  of  directors,  and  the  clerk 
of  the  district  court,  who  shall  record  the  same  in  the  mortgage 


PARISH   SUPERINTENDENT,   TREASURER,   ETC.  27 

book  of  the  parish,  and  shall  forward  to  the  State  Superintendent 
of  Education  and  to  the  State  Treasury  a  copy  of  said  bond, 
Tvith  a  certificate  of  its  acceptance  and  registry  endorsed  thereon. 

SEC.  51.  [Transfer  of  Funds.] — Said  treasurer,  immediately 
upon  the  acceptance  of  his  bond,  shall  demand  of  his  prede- 
cessor in  the  office  of  the  treasurer  of  the  school  funds,  the  cus- 
tody of  all  books  and  papers  and  of  all  balances  of  school  money 
in  his  hand  as  custodian  of  the  school  funds  of  the  parish. 

SEC.  52.  [How  Funds  Shall  be  Disbursed.]— Said  treasurer 
shall  pay  out  of  the  school  funds  intrusted  to  his  charge  only  on 
warrants  drawn  by  the  president  and  countersigned  by  the  sec- 
retary of  the  parish  school  board,  and  shall  state  against  what 
school  district  fund  it  was  drawn,  which  warrants  shall  be  drawn 
by  these  officers  only  in  virtue  of  appropriations  regularly  made 
by  the  parish  board ;  the  parish  board  shall  make  annually  an 
estimate  of  the  amount  ot  revenue  for  the  year,  appropriating 
the  same  as  above  required,  and  no  warrant  beyond  the  amount 
estimated  shall  be  drawn  for  any  year.  These  warrants  shall 
be  numbered  and  shall  specify  on  their  face  to  whom  and  for 
what  they  are  given,  and  the  date  of  the  appropriation  made  by 
the  school  board ;  the  treasurer  shall  pay  these  warrants  only  to 
the  extent  of  the  amount  to  the  credit  on  his  books,  and  in  the 
order  in  which  they  are  presented,  of  school  districts,  in  behalf 
of  which  the  warrants  shall  have  been  drawn,  and  said  warrants 
shall  be  filed  in  the  office  as  vouchers,  and  with  the  account 
book  kept  by  him  as  treasurer  of  the  school  fund  shall  always 
be  subject  to  examination  by  any  one  who  chooses  to  examine 
them. 

SEC.  53.  [Treasurer's  Compensation.]— The  compensation  of 
the  treasurer  shall  be  a  sum  to  be  fixed  by  the  State  Board  of 
Education,  for  each  parish,  according  to  its  territorial  area  and 
the  amount  of  fund  to  be  disbursed  5  but  in  no  case  shall  it 
exceed  two  and  a  half  per  cent  of  the  amount  disbursed  by  him 
as  shown  by  his  vouchers. 

SEC.  54.  [Treasurer's  Report.]—  It  shall  be  the  duty  of  the 
treasurer  to  furnish  to  the  parish  board  accounts  of  his  receipts 


28 


TEACHERS. 


and  disbursements  as  often  as  required  by  them,  and  before  the 
10th  day  of  January,  annually  he  shall  forward  to  the  State 
Superintendent  of  Public  Education,  in  such  form  as  he  shall 
prescribe,  a  full  report  of  his  receipts  and  disbursements  for  the 
year,  and  of  the  balance  on  hand  to  the  credit  of  each  ward  or 
school  district,  and  the  indebtedness  outstanding  on  the  first 
day  of  January ;  provided,  the  foregoing  sections  do  not  apply 
to  the  treasurer  of  the  board  for  the  parish  of  Orleans. 

IV.  TEACHERS. 


INSTITUTES. 

55.  [S.   34,    A.   81,    1888.]— Date  for 

parish  institutes. 

56.  IS.  35,  A.  81,  1888.]— Attendance 

at  the  parish  institutes  obliga- 
tory upon  teachers ;  exceptions. 

57.  IS.  36,  A.  81,  1888.]— Length  of 

institute  session ;  penalty  for 
non-attendance. 

58.  IS.  37,  A.  81,  1888.]— Members  of 

the  institute,  active  and  hon- 
orary. 

59.  [5.  38,  A.  31,  1888.]— Roll  of  in- 

stitute members. 

60.  \_S.  39,  A  81,  1888  ]— Parish  super- 

intendents to  appoint  institute 
managers ;  manager's  pay. 

61.  \_S.   40,   A.   81,    1888.]— Institute 

fund ;  superintendent's  c  o  m- 
pensation  for  personal  superin- 
tendence at  institute. 

62.  [S.  41,  A.  81,   1888  ]— Foregoing 

sections  not  applicable  to  Or- 
leans parish. 

63.  IS.   43,    A.   81,    1888.]— Institute 

report  by  parish  superintend- 
ent 

64.  IS  1,   A.  64,  1894]  — State  teach- 

ers' institutes 

65.  IS.  2,  A.  64,   1894.] -State  insti- 

tute conductor;  how  elected; 
salary. 

66.  IS.  3,  A.  64,  1894.] -State  insti- 

tute   conductor,    an    ex-om'cio 


member  of  the  State  Normal 
School  faculty. 

67.  IS.  4,  A.  64,  1894.]— Assistant  in- 

stitute lecturers;  remuneration. 

68.  [S.  5,  A.  64,  1894  ]— State  Super- 

intendent and  the  President  of 
the  Normal  School  ex-officio 
State  institute  managers. 

69.  IS.   6,   A.   64,    1894] -Local    ar- 

rangements for  institutes ;  no- 
tification to  teachers  to  attend 
institutes. 

70.  \_S.  7,  A.  64,  1894.]— Penalty  for 

inexcusable  absence  of  teachers 
from  institutes. 

71.  [S.  8,  A   64,  1894.]— Leaves  of  ab- 

sence to  be  granted  and  salaries 
continued. 

72.  \_S.  9,  A.  64,  1894.]— Certificates 

of  attendance. 

73.  IS.  10,   A.  64,    1894.]— Report  of 

the  institute  conductor. 

EXAMINATIONS. 

74.  [S.  44,  A.  81,   1888.]— When  two 

or  more  teachers  apply  for  the 
same  position,  it  shall  be 
awarded  by  competitive  exam- 
ination. 

75.  [5.45,  A.  81,1888.]— Examination 

fee. 

76  \_S.  46,  A.  81,  1888.  ]— Examiners : 
shall  take  an  oath  that  they 
will  faithfully  discharge  their 


TEACHERS. 


29 


IV.  TEACHERS— Continued. 


duties;  parish  superintendent 
may  in  certain  cases  revoke  the 
endorsements  of  teachers  by  ex- 
amining committees. 

77.  [5.  47,   A.   81,   1888.] -Qualifica- 

tions necessary  to  obtain  a  third 
grade  certificate. 

78.  [5.  48,  A.  81,    1888.] -Qualifica- 

tions for  a  second  grade  certifi- 
cate. 

79.  [5.   49,  A.  81,   1888.] -Qualifica- 

tions for  a  third  grade  certifi- 
cate. 

80.  [5.  50,  A.  81,  1888.1— Certificate 

required  as  a  requisite  to  the 
employment  of  a  teacher. 


81.  IS.  3,  A.  40,  1888  J— Examination 

of  teachers  on  hygiene  and  tem- 
perance. 

82.  [,S.  4,  A.  40,  1888.] -Certificate  to 

be  filed  by  teacher. 

83.  US.  1,  A.  57,  1894.]— Peabody  Nor- 

mal graduates  are  entitled  to 
certificates  of  qualification. 

84.  [S.   51,   A.   81,    1888.]— It  is  the 

duty  of  each  teacher  to  keep 
daily  registers,  and  to  make 
monthly  reports;  penalty  for 
non-performance. 

85.  [S.    52,   A     81,   1888.]— Account- 

•  ability  of  pupils  to  teachers. 


INSTITUTES. 

SEC.  55.  [Date  for  Teachers'  Institute.]— The  parish  super- 
intendent may  devote  the  first  Saturday  of  each  month,  during 
the  time  the  common  schools  are  in  session  in  the  parish,  to 
holding  institutes  for  the  improvement  of  teachers  in  their  quali- 
fications and  methods  of  teaching,  and  for  the  discussion  of 
topics  pertaining  to  the  advancement  of  the  public  school  interest 
in  the  parish. 

SEC.  56.  [Attendance  Obligatory.]— The  teachers  shall  be 
notified  of  the  time  and  place  of  the  monthly  institute  meeting. 
Teachers  failing  to  be  present,  or  to  take  such  part  in  the  exer- 
cises as  the  Superintendent  may  assign  or  designate,  shall  for- 
feit one  day's  salary  (which  forfeited  salary  shall  be  paid  to  the 
parish  institute  fund),  unless  a  good  and  sufficient  reason  for 
such  failure  to  attend  shall  be  given  in  writing  to  the  parish 
superintendent  within  ten  days  thereafter.  No  teacher  shall  be 
bound  to  attend  the  institute  who,  to  do  so;  shall  have  to  travel 
a  greater  distance  than  ten  miles  each  way,  and  otherwise  than 
by  land. 

SEC.  57.  [Penalty  for  Superintendent's  Absence.]— Three  hours 
work  shall  be  required  to  constitute  a  legal  session  of  one 


30  TEACHERS. 

institute,  and  the  parish  superintendent  shall  forfeit  five  dollars 
for  each  institute  that  he  fails  to  conduct  as  required  by  this 
act,  unless  physically  unable  to  attend,  or  for  other  sufficient 
excuse,  to  the  satisfaction  of  the  school  board. 

SEC.  58.  [Members  May  be  Active  or  Honorary.] — These 
institutes  may  receive  as  members,  honorary  or  active,  the  mem- 
bers of  the  board,  all  officers,  and  any  citizen  of  good  moral 
character  as  may  desire  to  become  a  member,  subject  to  the  rules 
and  regulations,  and  to  the  payment  of  such  dues  and  fines  as 
may  be  imposed  by  a  quorum  of  the  said  institutes. 

SEC.  59.  [Parish  Institutes;  Roll  of  Members.] — Each  par- 
ish superintendent,  upon  the  assembling  of  the  teachers' institute 
of  his  parish  shall  cause  a  roll  of  the  members  to  be  prepared^ 
which  roll  shall  be  called  at  least  twice  a  day  during  the  session 
of  the  institute,  and  all  absentees  shall  be  carefully  marked. 
He  shall  ascertain  the  number  of  teachers  who  were  in  attend- 
ance, and  length  of  t:me  each  attended,  and  shall  keep  a  record 
thereof. 

SEC.  60.  [Institute  Managers.] — Each  parish  superintend- 
ent before  the  beginning  of  the  free  school  term,  shall  appoint 
one  of  the  best  qualified  teachers  of  his  parish  as  institute  man- 
ager for  each  institute  district,  should  there  be  more  than  one 
institute  district  in  the  parish  ;  and  such  appointees  shall  each 
be  paid  for  actual  services  two  dollars  and  a  half  per  day  out  of 
the  institute  fund  as  compensation  for  holding  institutes,  and 
for  assisting  the  superintendent  during  the  session. 

SEC.  61.  [Institute  Fund.]— All  institute  funds  shall  be 
collected  and  receipted  for  by  the  Superintendent.  He  shall 
have  a  record  of  the  amount  received,  hand  them  over  to  the 
treasurer  of  the  school  board,  who  shall  keep  a  separate  account 
of  these  funds.  He  shall  pay  them  out  on  the  warrant  of  the 
superintendent,  countersigned  by  the  president  of  the  school 
board.  These  funds  shall  be  expended  only  in  the  interest  of 
the  institutes.  The  superintendent,  for  all  services  in  connection 
with  these  institutes,  shall  be  paid  three  dollars  a  day  out  of 


TEACHERS.  31 

said  fund  for  each  day  be  will  cause  the  said  institute,  to 
hold  under  his  personal  superintendence,  and  for  each  day's 
attendance  as  provided  for  in  section  fifty-five  (55). 

SEC.  62.  [Institute  Not  Applicable  to  Orleans  Parish]— The 
foregoing  sections  having  reference  to  parish  institutes  shall 
not  apply  to  the  parish  of  Orleans,  but  the  school  board  of  said 
parish  may  inaugurate  and  carry  on  such  institutes  in  the  manner 
and  with  the  power  and  authority  set  forth  above. 

SEC.  63,  [Reports  Respecting  Institutes.  | — The  parish  su- 
perintendent, in  his  annual  report  to  the  State  Superintendent, 
shall  state  the  time  and  place  teachers'  institutes  were  held ;  the 
names  of  the  persons  conducting  the  same;  the  number  of  per- 
sons registered  as  in  attendance;  the  sums  collected;  the  num- 
ber and  names  of  teachers  of  common  schools  in  the  parish  who 
did  not  attend  the  institute,  and  such  other  information  of  the 
proceedings  and  results  of  the  institute  as  he  may  deem  of  value 
and  interest. 

SEC.  64.  [State  Institutes.] — As  a  means  of  improving  and 
making  more  efficient  the  teachers  of  the  public  schools  of  the 
State  of  Louisiana,  and  awakening  a  deeper  public  interest  in 
said  schools,  the  State  Superintendent  of  Public  Education  and 
the  President  of  the  State  Normal  School  shall  cause  to  be  held 
each  year  at  least  twenty  (20)  weeks  of  the  State  Teachers'  Insti- 
tutes at  such  times  and  places  as  they,  with  the  advice  of  the 
respeciive  parish  superintendents  of  public  education,  may  deter- 
mine. They  shall  give  notice  of  the  time  and  place  selected 
for'each  institute  at  least  thirty  days  before  the  beginning  of 
the  said  institute. 

SEC.  65.  [State  Institute  Conductor.]— The  State  Superin. 
tendeut  of  Public  Education  and  the  President  of  the  State 
Normal  School  shall  select  an  experienced  Institute  Conductor, 
who  shall  have  immediate  charge  of  the  institutes  provided  for 
in  this  act  and  whose  salary  for  that  service  shall  not  exceed 
one  thousand  dollars  ($1000)  per  annum,  payable  out  of  any 
funds  donated  by  the  board  of  trustees  of  the  Peabody  Educa- 


32  TEACHERS. 

tional  Fund,  or  appropriated  by  the  General  Assembly  of  the 
State  of  Louisiana,  for  institute  purposes. 

SEC.  66.  [Ex-Officio  Member  of  State  Normal  School  Faculty.] 
Said  Institute  Conductor  shall  be  appointed  for  one  year,  and 
shall  be  ex-officio  a  member  of  the  faculty  of  the  State  Nor- 
mal School,  performing  therein  such  services  and  receiving  such 
compensation  therefor  as  the  board  of  administrators  of  said 
institution  may  determine. 

SEC.  67.  [Assistant's  Remuneration.]— Said  Institute  Con- 
ductor shall  be  assisted  in  the  work  by  members  of  the  faculty  of 
the  State  Normal  School  and  by  such  other  assistants  as  the 
State  Superintendent  of  Public  Education  and  the  President  of 
the  State  Normal  School  may  select;  provided,  that  members  of 
the  State  Normal  School  shall  receive  no  compensation  other 
than  their  actual  traveling  expenses  for  institute  work  done 
during  the  session  of  said  institution;  but  for  institute  work 
done  during  the  vacation  of  said  Normal  School,  they,  in  common 
with  the  other  assistants,  shall  receive  such  remuneration  as  the 
State  Superintendent  of  Public  Education  and  the  President  of 
the  State  Formal  School  may  deem  sufficient,  payable  out  of  any 
funds  derived  from  the  Peabody  Fund,  or  appropriated  by  State, 
parish  or  locality  for  institute  purposes. 

SEC.  68.  [State  Institute  Managers.] — The  State  Superin- 
tendent of  Public  Education,  the  President  of  the  State  Normal 
School  and  the  State  Institute  Conductor  shall  be  known  as  the 
State  Institute  Managers,  and  shall  prescribe  the  order  and 
character  of  the  institute  exercises  and  such  other  details  as  they 
may  deem  necessary. 

SEC.  69.  [Notification  to  Teachers.] — The  parish  superin- 
tendent, with  the  advice  of  the  State  Superintendent  and  the 
President  of  the  State  Normal  School  shall  make  all  necessary 
arrangement  for  the  State  Teachers'  Institutes  held  in  his  parish, 
and  shall  do  everything  in  his  power  to  insure  their  success. 
He  shall  give  to  every  public  school  teacher  of  his  parish  at 
least  fifteen  days'  notice  of  the  time  and  place  of  meeting  of  the 


TEACHERS.  33 

institute;  and  shall  order  all  the  public  schools  of  his  parish  to 
be  closed  during  the  session  of  the  institute. 

SEC.  70.  [Penalty  for  Absence  Without  Satisfactory  Excuse.] — 
Any  public  school  teacher  failing  to  attend  the  institute  held 
in  his  parish,  without  an  excuse  satisfactory  to  the  board 
of  school  directors  thereof,  shall  immediately  upon  demand  of 
the  parish  superintendent,  forfeit  his  certificate  and  lose  his 
position;  and  each  public  school  teacher  in  attendance  upon 
the  institute  shall  receive  the  same  compensation  for  the  time  of 
attendance  as  for  actual  teaching,  whether  the  school  be  in  ses- 
sion "or  not;  provided,  he  shall  have  been  present  during  the 
whole  session  of  the  institute. 

SEC.  71.  [Leave  of  Absence  and  Compensation.] — The  school 
superintendent  of  every  parish  in  which  no  State  institute  is  to 
be  held  during  the  year,  shall  encourage  and  urge  the  public 
school  teachers  of  his  parish  to  attend  the  nearest  State  Teachers 
Institute,  granting  them  leave  of  absence  from  their  school 
duties  and  giving  them  the  same  compensation  for  attending  the 
institute  as  is  provided  in  section  seventy  for  the  teachers  of 
schools  located  in  the  parish  wherein  the  institute  is  held. 

SEC.  72.  [Certificate  of  Attendance.]— The  State  Institute 
Conductor  and  his  assistant  conductors  shall  issue  certificates 
of  attendance  to  every  teacher  in  attendance  during  the  whole 
session  of  a  State  Teachers'  Institute  and  parish  boards  of  school 
directors  shall  give  preference,  ceteris  paribus,  to  the  holders  of 
said  certificates  in  the  selection  of  teachers  for  the  public- 
schools. 

SEC.  73.  [Report  of  Institute  Conductor.]— The  State  Insti- 
tute Conductor  shall  annually  make  an  exhaustive  report  of  the 
State  Teachers  Institutes  to  the  President  of  the  State  Normal 
School,  who  shall  transmit  said  report  to  the  State  Superin- 
tendent of  Public  Education,  and  also  embody  it  in  his  biennial 
report  to  the  General  Assembly. 

EXAMINATIONS. 

SEC.  74.  [Competitive  E laminations.] — It  shall  be  the  duty 
of  the  parish  superintendent  to  conductor  superintend  in  person 


34  TEACHERS. 

the  examination  of  all  persons  offering  themselves  as  candidates; 
for  position  of  teachers  of  the  common  schools  of  his  parish 
(except  in  cities  and  towns  organized  as  one  district  by  special 
act  of  the  General  Assembly ;  except  also,  when  the  applicant 
holds  a  certificate  entitling  him  to  teach  without  further  exam- 
ination, as  provided  for  in  this  act),  in  regard  to  their  moral 
character,  learning  and  ability  to  teach.  For  any  violation  of  this 
duty  he  shall  be  liable  to  a  fine  of  not  less  than  twenty  dollars, 
nor  more  than  fifty  dollars.  The  school  board  of  the  parish  shall 
appoint  a  committee  of  two  competent  persons  to  assist  him  (the 
parish  superintendent)  in  making  these  examinations.  The 
superintendent  and  the  committee  must  agree  as  to  competency 
of  the  applicant  before  a  certificate  can  be  issued.  Whenever 
two  or  more  teachers  apply  for  the  same  position  or  positions  a 
competitive  examination  shall  be  held,  and  the  position  or  posi- 
tions shall  be  given  to  the  most  competent. 

SEC.  75.  [Examination  Fee.] — Before  being  examined,  each 
applicant  for  a  certificate  to  teach  shall  pay  a  fee  of  one  dollar 
for  the  parish  institute  fund,  which  shall  be  returned  to  him  if  a 
certificate  be  not  issued  to  him. 

SEC.  76.  [Examiners;  Duties  and  Penalties  for  Non-Perform- 
ance.]— Before  the  examiners  shall  commence  their  examina- 
tion of  teachers,  they  shall  take  an  oath  that  they  will  faithfully 
discharge  their  duties  $  they  shall  not  give  to  any  person  a  cer- 
tificate before  they  will  have  -examined  the  candidate  touching 
his  or  her  qualifications  and  fitness  to  teach,  and  who  is  not 
qualified  to  teach  as  required  by  the  common  school  law.  They 
shall  be  satisfied  that  the  applicant  is  possessed  of  good  moral 
character;  if  at  any  time  the  teacher  be  found  incompetent, 
inefficient  or  unworthy  of  the  endorsement  given  him,  the  parish 
superintendent  may  revoke  the  same  and  notify  the  board  of  his 
action  for  its  approval  or  disapproval.  Any  teacher  may  be 
discharged  at  any  time  under  the  above  provisions,  but  he  shall 
be  entitled  to  receive  payment  for  services  only  up  to  the  time 
of  such  dismissal. 


TEACHERS.  35 

SEC.  77.  [Third  Grade  Certificate.] — To  obtain  a  third  grade 
certificate  the  applicant  must  be  found  competent  to  teach  spell- 
ing, reading,  primary  mental  arithmetic,  rudiments  of  practical 
arithmetic  through  fractions  and  simple  interest,  elementary 
geography,  primary  language  lessons  and  laws  of  health. 

SEC.  78.  [Second  Grade  Certificate.] — To  obtain  a  second 
grade  certificate  the  applicant  must  be  found  competent  to  teach 
arithmetic,  geography,  English  grammar  and  composition, 
United  States  history,  elements  of  natural  philosophy  and 
elements  of  physiology. 

SEC.  79.  [First  Grade  Certificate.]— To  obtain  a  high  school 
or  first  grade  certificate  the  applicant  must  be  found  competent 
to  teach  elocution,  spelling,  grammar,  rhetoric  and  literature, 
history,  botany,  philosophy,  arithmetic,  algebra,  geography  and 
geometry,  and  such  other  studies  of  high  grade  as  local  boards 
may  deem  necessary.  A  special  certificate  of  this  grade  may 
issue  on  a  satisfactory  examination  in  the  study  or  studies  to 
be  taught  in  any  special  academic  department,  which  shall 
entitle  the  holder  to  special  appointment  in  a  department  where 
such  studies  may  be  taught. 

SEC.  80.  [Certificate,  a  Requisite  to  Employment] — No  per- 
son shall  be  appointed  to  teach  who  has  not  obtained  a  license 
for  the  scholastic  year  in  which  the  school  is  to  be  taught,  and 
of  a  grade  sufficiently  high  to  meet  the  requirements  of  the 
school,  or  unless  he  or  she  holds  a  certificate  provided  for  by 
this  act,  which  exempts  him  or  her  from  examination  ;  provided, 
that  all  teachers  who  have  been  teaching  since  three  years  are 
exempt  from  further  examination. 

SEC.  81.  [Additional  Requirement] — No  certificate  shall  be 
granted  hereafter  to  any  new  applicant  to  teach  in  the  public 
schools  of  Louisiana,  who  has  not  passed  a  satisfactory  examina- 
tion in  the  study  of  the  nature  of  alcoholic  drinks  and  narcotics, 
and  of  their  effects  upon  the  human  system,  in  connection  with 
the  several  divisions  of  the  subject  of  relative  physiology  and 
hygiene. 


-36  TEACHERS. 

SEC.  82.  [Certificate  to  be  Filed  by  the  Teacher.]— Each 
teacher  of  any  school  in  this  State  supported  wholly  or  in  part 
from  public  money,  shall,  before  receiving  any  remuneration  for 
services  rendered  in  said  capacity,  file  a  certificate  with  the 
person  by  whom  such  payments  are  authorized  to  be  made,  to 
the  effect  that  such  teacher  has  faithfully  complied  with  all  the 
provisions  of  this  act  during  the  entire  period  for  which  such 
payment  is  sought  and  in  the  manner  specified  in  this  act,  and 
no  money  shall  be  paid  to  any  such  teacher  who  has  not  filed 
such  a  certificate. 

SEC.  83.  [Exception  in  Regard  to  State  and  Peabody  Normal 
Diplomas.] — Diplomas  conferred  by  the  Peabody  Normal  School, 
located  at  Nashville,  Tennessee,  upon  graduates  of  that  in- 
stitution, shall  entitle  them  to  a  first  grade  teacher's  certificate, 
valid  in  any  town  or  parish  of  this  State  for  four  years  from  the 
date  of  graduation,  at  the  expiration  of  which  time  it  may  be 
renewed  by  the  State  Board  of  Education  upon  satisfactory 
evidence  of  the  ability,  progress,  and  moral  character  of  the 
teacher  making  application  for  such  renewal. 

SEC.  84.  Teacher's  Register  and  Monthly  Report] — It  shall 
be  the  duty  of  each  teacher  of  a  common  school  to  keep  such  a 
register  of  the  school  as  the  parish  superintendent  may  require, 
and  prior  to  receiving  his  or  her  monthly  salary  at  the  end  of 
<?ach  month,  he  or  she  shall  make  a  report  of  the  entire  number 
of  pupils  enrolled ;  the  highest,  lowest  and  average  number  of 
pupils  in  attendance  during  the  session ;  the  books  used, 
branches  taught,  number  of  pay  pupils,  if  any,  and  such  other 
information  as  the  parish  superintendent  may  deem  important, 
and  shall  furnish  a  copy  of  such  report  to  the  parish  superin- 
tendent, and  if  he  or  she  willfully  neglect  or  fail  to  do  this  the 
parish  superintendent  shall  withhold  two  dollars  ($2)  of  his 
salary  due  for  the  benefit  of  the  parish  institute. 

SEC.  85.  [Accountability  of  Pupils  to  Teachers.]— The  teach- 
ers shall  faithfully  enforce  in  school  the  course  of  study 
and  the  regulations  prescribed  in  pursuance  of  law,  and  if  any 


REVENUE. 


37 


teacher  shall  willfully  refuse  or  neglect  to  comply  with  such 
requisitions,  the  parish  superintendent,  on  petition  or  complaint 
which  shall  be  deemed  sufficient  by  the  board,  may  remove  or 
dismiss  him  or  her.  Every  teacher  shall  have  the  power  and 
authority  to  hold  every  pupil  to  a  strict  accountability  in  school 
for  any  disorderly  conduct  on  the  play  grounds  of  the  school  or 
during  intermission  or  recess,  and  to  suspend  from  school  any 
pupil  for  good  cause ;  provided,  however,  that  such  suspension 
shall  be  reported  in  writing  as  soon  as  practicable  to  the  parish 
superintendent,  whose  decision  of  the  case  shall  be  final ;  and, 
provided  further,  that  in  the  parish  of  Orleans  the  principals  of 
schools  shall  suspend  and  report  same  to  the  superintendent  for 
approval  or  further  action. 

V.  REVENUE. 


86.  IS.  53,  A.  81,  1888.]— Apportion- 

ment of  current  school  fund  by 
the  State  Superintendent. 

87.  [S.  54,  A.  81,   1888.]— Police  ju- 

ries and  municipal  corpora- 
tions, except  New  Orleans,  to 
levy  1|  mills  for  school  pur- 
poses in  their  annual  budget. 

88.  \_S.  55,  A.  81,  1888  ]— Fines  and 

bonds  forfeited  to  be  collected 
for  the  support  of  the  common 
schools. 

89.  [&  1,  A.  126,  1882.]— Special  tax 

for  public  improvements  ;  how 
levied. 

90.  IS.  3,  A.  126,  1882.]— Advertise- 

ment of  the  result  of  election 
voting  a  special  tax. 

POLL   TAX. 

91.  IS.  1,  A    120,   1880  ]— Poll  tax; 

amount ;  upon  whom  levied. 

92.  [S.  2,   A.    120,    1880.]— Poll  tax 

operates  as  a  lieu  or  privilege. 

93.  IS.  4,  J.  120, 1880.]— The  collector 

of  the  poll  tax  to  keep  a  record 
of  taxes  collected. 


94.  IS.  5,  A.  120,  1880.]— Quarterly 

settlements  to  be  made  by  the 
collector. 

95.  IS.  6,   A.  120.  1880.] -How  col- 

lector's quietus  is  obtained. 

96.  [£.  1,  A.  89,  1888.]— Duty  of  as- 

sessor in  listing  poll  tax  pay- 
ers, and  penalty  for  non-per- 
formance. 

97.  \_S.  2,  A.  89,  1888.] -Sheriffs  to 

return  to  the  parish  school 
boards  a  list  of  all  persons  who 
have  paid  poll  taxes. 

98.  [S.  3,  A.  89,  1888.]— Penalty  for 

sheriff's  failure  to  show  cause 
for  non-collection  of  tax. 

99.  [S.  4,  A.  89,  1888.]— The  sheriff 

may  be  compelled  to  show 
cause  for  not  collecting. 

100.  1$.  1,  A.  87,  1886.]— Poll  tax  re- 

ceipt requisite  to  receiving  wit- 
ness or  juror's  compensation. 

101.  [_S   2,  A.  87,  1886.] -Deduction 

of  witness  and  juror's  compen- 
sation for  poll  tax. 

102.  [S.  3,  A  87,  1886.]— Clerk  of  the 


REVENUE. 


Y.  RE  VENUE — Continued. 


court  to  notify  the  tax  col- 
lector of  such  deductions. 

103.  IS.  1,  J.56,  1894.]— Collection  of 

the  poll  tax  of  Orleans  vested 
in  the  city  treasurer. 

SALE   OF    SCHOOL  LANDS. 

104.  \_S.   2958,   R.  S.,   1869.]— School 

lands :  their  sales ;  how  to  be 
made ;  duty  of  the  parish  treas- 
urer. 

105.  [S.   2959,  It.  S.,  1869] -Survey 

of  school  lauds. 

106.  [5.  2960,  R.  S.,  1869  ]— Sale  on 

the  order  of  the  State  Auditor. 

107.  [S.  1,  A.  168,  1894.]  — Sale  of  un- 

habitable lands. 

108.  \_S.  2,  A.  168,  1894.]— Sale  con- 

ducted like  other  sales. 
109    IS.  2966,  R    5,  1869.]— Sale   of 
sections  divided  by  parish  lines 

110.  [S.    2660,    R.   S.,    1869  ]— Trea- 

surer's commission  in  sales. 

111.  [5.2962,  R.S.,  1869.] -Lease  of 

school  lands. 

112.  [5.  2964,  R.  S.,  1869.]— Proceeds 

of  lands  accruing  to  townships. 

113.  [S.  2965,  R.  S.,  1869.]— Mode  of 

annulling  sales. 

114.  \8.  1,  A.  57,  1884. -Duty  of  Au- 

ditor to  provide  for  the  collec- 
tion of  notes  given  in  payment 
of  the  sixteenth  sections 

115.  IS.  2,  A.  57,  1884.]  -Duty  of  par- 

ish treasurer  in  collecting  said 
notes. 

116.  [S.  3,  A.  57,  1884.] -Duty  of  dis- 

trict attorney  or  other  attorney 
selected  by  school  board  to  col- 
lect said  notes ;  mode  of  pro- 
ceeding in  such  collection. 


117.  IS.  4,  A.  57,  1884.]-Attomey'a 

compensation 

118.  IKea.    96,    1886-.] -Duty    of   the 

Auditor  in  fixing  the  capital 
due  the  townships. 

119.  IS.  1,  A.  14,  1882.]— Penalty  for 

trespass  on  sixteenth  section 
lands. 

120.  IS.  2,  A.  14,  1882.]— Same. 

DONATIONS. 

121  \_S.  1,  A.  124,  1882.]— Donations, 
inter  vivos  and  mortis  causa,  au- 
thorized. 

122.  [S.  2,  A.  124,  1882  ]— Conditions 

the  donor  may  impose. 

123.  \_S.   3,    A.    124,    1882.] -Proviso, 

property  cannot  be  made  in- 
alienable. 

124.  [5.  4,  J.124,  1882.]— Trustees  to 

organize  in  a  body  corporate. 

125.  IS.    5,    A.    124,    1882.]— When 

trustees  fail  to  accept,  the  Gov- 
ernor may  appoint  others. 

126.  [S.6,A.  124,  1882.]— Duty  of  the 

trustees. 

127.  [5.7,  A.  124,  1882.]— Duty  of  the 

trustees  in  accepting  and  ad- 
ministering other  donations, 
mortis  causa  or  inter  vivos. 

128.  [5.  8,   A.   124,  1882. 1- Substitu- 

tions fidei  commisscp  or  trust  dis- 
position not  to  apply  under 
this  act. 

129.  IS.  6,  A.  173,  1894.]— Disposition 

of  funds  of  towns  on  the  recis- 
sion  of  their  charters. 

130.  [5.    1,   A.  103,  1880.]— Proscrip- 

tion of  debts,  etc. 


SEC.  86.  [Apportionment  of  Current  School  Fund.] — The. State 
Superintendent  of  Public  Education  shall  quarterly,  on  the 
first  Monday  in  March,  June,  September  and  December,  in  each 


REVENUE.  39 

year,  apportion  the  funds  appropriated  by  the  General  Assembly 
for  the  support  of  the  common  schools  of  the  State,  among  the 
several  parishes  of  the  State,  according  to  the  number  of  children 
between  the  ages  of  six  and  eighteen  years  in  each  parish ;  pro- 
vided, however,  that  all  the  poll  tax  collected  in  any  parish  shall 
be  appropriated  to  said  parish.  The  amount  so  apportioned 
shall  be  paid  by  the  State  Treasurer  to  the  school  treasurer  of 
each  parish  upon  the  warrant  of  the  State  Superintendent  of 
Public  Education. 

SEC.  87.  [Police  Jury  and  Municipal  Tax.] — The  police  jurors 
of  the  several  parishes,  and  the  boards  of  trustees,  aldermen,  and 
legal  representatives  of  cities,  towns  and  villages  (except  the 
parish  of  Orleans),  may  levy  for  the  support  of  the  common 
schools  of  their  respective  parishes,  not  less  than  one  and  a  half 
mills  of  the  ten  mills  tax  on  the  dollar  of  the  assessed  valuation 
of  the  property  thereof.  This  shall  be  provided  for  in  their 
annual  budgets.  On  the  refusal  or  neglect  to  levy  said  tax  or  to 
vote  for  such  levy,  the  parish  school  board  shall  have  the  right, 
and  it  shall  be  its  duty,  to  compel  by  mandamus,  which  may  be 
tried  in  chambers  or  in  open  court,  the  levy  of  said  tax  to  be 
collected  as  in  case  of  parish  and  corporation  taxes,  and  shall  be 
paid  to  the  school  treasury  of  the  parish  or  town  where  collected, 
monthly,  by  the  tax  collector  j  provided,  towns  not  exempted 
under  their  charters  from  the  payment  of  parish  taxes,  and  sub- 
jected to  the  burden  of  taxation  as  the  parishes  are,  shall  not  pay 
this  tax,  for  same  is  included  in  the  taxes  imposed  by  the  parish 
in  which  the  town  is  situated. 

SEC.  88.  [Bonds  and  Fines.]— All  fines  imposed  by  the  sov- 
eral  district  courts  for  violation  of  law  and  the  amount  collected 
on  all  forfeited  bonds  in  criminal  cases,  after  deducting  commit 
sions,  shall  be  paid  over  by  the  sheriff  of  the  parish  in  which  the 
same  are  imposed  and  collected,  to  the  treasurers  of  the  school 
boards  in  said  parishes,  and  shall  be  applied  to  the  support  of 
the  common  schools,  as  are  applied  to  other  funds  levied  for  the 
purpose  (the  parish  of  Orleans  excepted.) 


40  REVENUE. 

SEC.  80.*  [Special  Tax ;  How  Levied.] — Whenever  one-tenth 
of  the  property  tax  payers  of  any  parish,  city,  incorporated  town 
or  municipality  in  this  State  shall  petition  the  police  jury,  city,, 
town  or  municipal  authorities  to  levy  an  increased  rate  of  taxa- 
tion for  the  purpose  of  constructing  public  buildings,  bridges 
without  draws  and  works  of  public  improvements  in  such  parish, 
city,  town  or  municipality,  the  said  police  jury,  city,  town  or 
municipal  authorities  shall  order  a  special  election  for  that  pur- 
pose, and  shall  submit  to  a  vote  of  the  property  tax  payers  of 
such  parish,  city,  town  or  municipality  entitled  to  vote  under  the 
election  laws  of  the  State,  the  rate  of  taxation  and  the  purpose 
for  which  it  is  intended :  provided,  that  said  election  be  held 
under  the  general  election  laws  of  the  State  at  that  time  in  force,, 
and  at  the  polling  places  at  which  the  last  preceding  general 
election  was  held,  and  not  sooner  than  twenty  days  after  the 
official  publication  of  the  petition  and  ordinance  ordering  the 
election,  which  shall  be  made  in  the  same  manner  provided  by 
law  for  judicial  advertisement. 

SEC.  -90.  [Publication.] — The  publication  of  the  result  of 
said  election  shall  be  made  by  ten  days  advertisement  imme- 
diately thereafter,  and  the  police  juries,  city,  town  and  municipal 
authorities  shall  have  the  same  power  to  enforce  the  collection  of 
any  special  tax  that  may  be  authorized  by  said  election  as  by 
law  provided  for  the  collection  of  other  taxes. 

POLL  TAX. 

SEC.  91.  [Poll  Tax ;  Amount ;  Upon  Whom  Levied.] — In  pur- 
suance to  the  requirements  and  authorization  of  Art.  208  of 
the  Constitution  of  the  State,  a  poll  tax  of  one  dollar  per  capita 
shall  be  and  is  hereby  levied,  annually,  upon  eacJi  male  inhab- 
itant of  the  State  over  the  age  of  twenty-one  years,  said  tax  to 
be  due  and  payable  on  and  after  the  first  day  in  January  in  each 
.  year. 

*SECTION  89.  The  law  authorizes  the  levy  of  »  special  tax  for  the  erectioii  of  public  build- 
ings and  other  improvements. 

A  school  house  is  a  puWic  building  for  the  free  public  schools,  and  it  certainly  is  a  public 
impiovenieut. 


REVENUE.  41 

SEC.  92.  [Operates  as  a  Lien  and  Privilege.] — The  said  poll 
tax  shall  operate  as  a  first  privilege  and  lien  on  all  real  and 
personal  property,  of  whatever  kind,  which  may  be  owned  by,  or 
to  which  the  said  tax  payer  may  have  any  right,  for  the  year  he 
may  owe  the  tax,  and  such  privilege  shall  continue  to  exist 
thereon  into  whatever  hands  such  property  or  right  may  pass 
and  shall  not  be  prescribed,  and  the  collector  of  such  tax  shall 
have  the  right  at  any  time  after  such  tax  shall  be  payable,  and 
after  the  first  day  of  January  in  each  year,  to  seize  any  such 
property  or  rights,  and  to  cause  the  same  to  be  sold,  after  ten 
days'  notice  given,  the  same  as  in  notices  of  sale  under  execution^ 
to  pay  the  said  tax  and  the  costs  of  seizure  and  sale,  which  costs 
shall  not  exceed  five  dollars  in  each  case. 

SEC.  93.  [Book  to  be  Kept  by  the  Collector.]— The  collector 
of  the  poll  tax  shall  keep  a  book  in  which  he  shall  enter  the  tax 
as  paid.  He  shall,  in  said  book,  give  the  name  of  the  party  pay- 
ing or  for  whom  the  tax  is  paid,  the  date  of  the  payment,  and  by 
whom  paid,  and  the  amount  paid,  which  entry  shall  be  made 
when  the  payment  is  made,  or  within  three  days  after  the  pay- 
ment, and  all  payments  so  made  shall  be  entered  in  such  book 
made  previous  to  any  day  of  settlement;  and  at  each  settle- 
ment the  collector  shall  make  affidavits  to  the  above  require- 
ments. 

SEC.  94.  [Quarterly  Settlements  by  the  Collector.]— The  col- 
lector of  said  poll  tax  shall  make  settlements  for  every  three 
mouths,  counting  from  the  first  day  of  January  in  each  year, 
with  the  authority,  authorized  by  law,  to  settle  with  him  therefor 
in  each  parish. 

SEC.  95.*  [How  Collector's  Quietus  is  to  be  Obtained.]— The 
collector  of  the  poll  tax,  or  his  securities,  shall  not  be  released 
from  their  responsibility  for  the  collection  of  such  tax  or  have  a 
quietus  therefor  until  he  shall  satisfy  the  parish  school  board,  or 
other  school  authority  of  the  parish,  created  under  and  according 

*  "To  obtain  his  discharge,  au  officer  should  obtain  a  clear  receipt  from  the  board  of  school 
directors,  in  so  far  as  he  has  incuirtd  any  responsibility  a* an  officer  in  which  the  said  board  is 
concerned.— 33d  Ann.  709;  State  ex  rcl.  vs.  Shcrif. 


42  REVENUE. 

to  Article  225  of  the  Constitution  that  the  same  cannot  be  col- 
lected, and  such  collector  shall  account  for  all  moneys  collected 
by  him  as  poll  tax  for  the  year.  A  final  settlement  of  such  poll 
tax  shall  be  made  by  the  collector  each  year,  on  or  before  the 
thirty-first  day  of  December. 

SEC.  96.  [Collection  of  the  Poll  Tax. j— The  assessors  are 
hereby  required  to  render  to  the  school  boards  of  their  respective 
parishes,  annually,  by  the  first  Saturday  of  October,  a  complete 
schedule  list,  by  wards,  of  all  persons  liable  to  pay  a  poll  tax  in 
their  respective  parishes.  If  any  assessor  fails  to  comply  with 
the  requirement  of  this  act,  the  failure  shall  be  cause  for  removal  j 
besides,  he  shall  be  subject  to  a  fine  of  $250,  for  the  benefit  of 
the  public  schools  in  the  parish  in  which  the  delinquent  officer 
resides,  and  in  which  he  is  the  assessor.  In  the  city  of  ]S"ew 
Orleans  the  board  of  assessors  shall  comply  with  the  requirement 
of  this  act,  and  in  the  event  of  failure,  shall  be  subject  to  dis- 
missal and  penalty  as  before  provided. 

SEC.  97.  [Returns  of  Collections.] —The  sheriffs  and  tax 
collectors  in  their  respective  parishes  shall  return,  by  the  first 
Saturday  of  February,  of  each  and  every  year,  to  the  school 
boards  of  their  respective  parishes,  a  list  predicated  upon  the  list 
before  mentioned  by  wards,  showing  all  persons  in  the  parishes 
respectively,  who  have  paid  their  poll  tax,  as  well  as  persons 
who  have  not  paid  the  same,  and  shall  return  their  reasons  in 
writing  and  under  oath,  the  cause  in  each  instance  of  the  non- 
payment of  a  poll  tax,  and  why  they  have  not  collected  the  tax 
not  collected. 

SEC.  98.  [Penalties.]— If  the  said  sheriff  or  tax  collector 
fails  to  show  cause  why  the  said  poll  tax  has  not  been  collected, 
he  shall  be  responsible  for  and  shall  pay  the  poll  taxes  he  has 
failed  to  collect,  and  shall  be  held  liable  with  his  securities  on  his 
official  bond  for  the  payment  of  said  tax. 

SEC.  99.  [Rule  for  Non-Compliance.] — The  sheriff  can  be 
made  to  show  cause  why  the  said  poll  tax  has  not  been  collected, 


REVENUE.  43 

at  chambers,  before  the  district  judge,  after  service  of  rule-  and 
three  days  have  elapsed  after  service. 

SEC.  100.  [Receipt  for  the  Poll  Tax.] — Before  persons  serv- 
ing as  jurors  or  as  witnesses  in  criminal  cases  shall  receive  the 
compensation  to  which  they  are  entitled  for  their  mileage  and 
per  diem,  they  shall  exhibit  to  the  clerk  of  the  court  a  receipt  for 
the  poll  tax  or  taxes  due  by  them. 

SEC.  101.  [Deduction  of  Witnesses'  and  Jurors'  Compensation, 
for  Poll  Tax.] — On  their  failure  to  produce  such  receipt  the 
clerk  of  the  court,  or  other  officer,  issuing  certificates  or  warrants 
for  their  mileage  andjper  diem,  shall  issue  certificates  or  warrants 
for  amount  less  the  poll  tax  due,  and  shall  issue  the  certificate 
or  warrants  for  amount  so  reserved  for  poll  tax,  to  the  treasurer 
of  the  school  board  of  the  parish,  who  shall  collect  same. 

SEC.  102.  [Report  by  the  Clerk  of  Court.]— The  clerk  of 
court  or  other  officer,  issuing  such  certificates  or  warrants,  shall 
report  to  the  tax  collector  of  the  parish  the  names  of  all  persons 
from  whom  he  has  reserved  amounts  for  poll  tax,  and  the  tax 
collector  shall  give  such  person  credit  for  such  poll  tax. 

SEC.  103.  [Poll  Tax  Collections  of  Orleans.]— The  collection 
of  poll  taxes  in  the  parish  of  Orleans,  together  with  all  the  pro- 
cesses, commissions  and  obligations  incident  thereto  as  now 
provided  by  law,  are  vested  in  the  treasurer  of  the  city  of  New 
Orleans. 

SALE  OF  SCHOOL  LANDS. 

SEC.  104.  [Election.]— It  shall  be  the  duty  of  the  parish 
treasurers  of  the  several  parishes  in  this  State  to  have  taken  the 
sense  of  the  inhabitants  of  the  township,  to  which  they  may 
belong,  any  lands  heretofore  reserved  and  appropriated  by  Con- 
gress for  the  use  of  schools,  whether  or  not  the  same  shall  be 
sold,  and  the  proceeds  invested  as  authorized  by  an  act  of  Con- 
gress approved  February  15,  1843.  Polls  shall  be  opened  and 
held  in  each  township,  after  advertisement,  for  thirty  days  at 
three  of  the  most  public  places  in  the  town,  and  at  the  courthouse 


44  REVENUE. 

door,  and  the  sense  of  the  legal  voters  therein  shall  be  taken 
within  the  usual  hours,  and  in  the  usual  manner  of  holding 
elections,  which  elections  shall  be  held  and  votes  received  by  a 
member  of  the  parish  school  board  or  a  justice  of  the  peace  ;  and 
if  a  majority  of  the  legal  voters  be  in  favor  of  selling  the  school 
lands  therein,  the  same  may  be  sold,  but  not  otherwise.  The 
result  of  all  such  elections  shall  be  transmitted  to  the  parish 
treasurer,  and  by  him  to  the  State  Superintendent. 

SEC.  105.  [Survey.] — Before  making  sale  of  the  school  lands 
belonging  to  the  State,  it  shall  be  the  duty  of  the  parish  treasurer, 
or  other  persons  whose  duty  it  may  become  to  superintend  the 
sales,  to  cause  a  re- survey  of  such  lines  as  from  any  cause  may 
have  become  obliterated  or  uncertain ;  and  for  this  purpose  he  is 
authorized  to  employ  the  parish  surveyor,  or  on  his  default,  any 
competent  surveyor ;  and  the  lines  thus  surveyed  shall  be  marked 
in  such  manner  as  to  enable  those  interested  to  make  a  thorough 
examination  before  sale,  and  all  advertisements  made  for  the 
sale  of  such  lands  shall  contain  a  full  description  thereof  accord- 
ing to  the  original  survey  and  that  required  by  this  section. 
The  expenses  of  the  survey  shall  be  paid  by  the  Auditor  of  Pub- 
lic Accounts  out  of  the  proceeds  of  the  sale  of  the  lands  on  the 
warrants  of  the  parish  treasurer. 

SEC.  106.  [Sale  on  the  Order  of  the  Auditor.]— If  the  ma- 
jority of  the  votes  taken  in  a  township  shall  give  their  assent  to 
the  sale  of  the  lands  aforesaid,  the  parish  treasurer  shall  forth- 
with notify  the  Auditor  of  Public  Accounts  of  the  vote  thus 
taken,  and  upon  his  order,  the  said  lands  shall  be  sold  by  the 
parish  treasurer,  at  public  auction,  before  the  courthouse  door, 
by  the  sheriff  or  an  auctioneer  to  be  employed  by  the  treasurer 
at  his  expense,  to  the  highest  bidder,  in  quantities  not  less  than 
40  acres,  nor  more  than  160,  after  having  been  previously 
appraised  by  three  sworn  appraisers,  selected  by  the  parish 
treasurer  and  recorder  of  the  parish,  after  thirty  (30)  days'  adver- 
tisement, but  in  no  case  at  a  less  sum  than  the  appraised  value, 
payable  on  a  credit  of  ten  years,  as  follows :  ten  per  cent  in  cash 


REVENUE.  45 

and  the  balance  in  nine  annual  installments,  the  interest  to  be 
paid  on  the  whole  amount,  annually,  at  the  rate  of  eight  per  cent 
per  annum;  the  notes  shall  be  made  payable  to  the  Auditor  of 
Public  Accounts,  secured  by  special  mortgage  on  the  laud  sold, 
and  personal  security  in  solido,  until  final  payment  of  principal 
and  interest ;  in  the  event  of  the  purchaser  neglecting  or  refusing 
to  pay  any  of  these  installments  or  interest  at  maturity,  the 
mortgage  shall  be  forthwith  closed,  and .  the  parish  treasurer  is 
hereby  authorized  to  advertise  and  sell  the  land  as  before  pro- 
Tided  for,  and  further  authorized  and  required  to  execute  all  acts 
of  sale  on  behalf  of  the  State  for  any  such  lands  sold,  to  receive 
the  cash  payment  and  notes  given  for  the  purchase,  which  shall 
be  made  payable  to  the  State  Treasurer,  and  to  place  the  same 
in  the  office  of  the  Auditor  of  Public  Accounts,  for  collection ;  all 
cash  received7  either  for  principal  or  interest,  from  said  sales 
shall  be  transmitted  by  him  to  the  State  Treasurer,  and  any 
moneys  thus  received  into  the  State  treasury  from  sales  aforesaid 
shall  bear  interest  at  the  rate  of  six  per  cent  per  annum,  and  be 
credited  to  the  township  to  which  the  same  belongs  according  to 
the  provisions  of  the  act  of  Congress.  The  parish  treasurer  shall 
forthwith  notify  the  State  Superintendent  of  the  result  of  all  sales 
made  by  him.  The  parish  treasurer  shall  be  authorized  to 
receive  the  whole  amount  bid  for  the  lands,  deducting  the  eight 
per  cent  interest  which  the  credits  will  bear. 

SEC.  107.  [Sale  of  Unhabitable  Lands.] — All  sixteenth  sec- 
tion lands  located  in  a  township  not  habitable  by  reason  of  the 
land  being  swamp  or  sea  marsh,  the  school  board  nf  the  parish 
in  which  such  lands  are  located  may  present  an  application  for 
sale  of  such  sixteenth  section  land  lo  the  Auditor  of  Public 
Accounts,  in  which  they  shall  set  forth  the  location  of  the  town- 
ship, its  character  and  the  reason  upon  which  a  sale  is  desired 
and  upon  receipt  of  such  application  duly  signed  by  the  president 
and  secretary  thereof,  the  Auditor  may  authorize  the  sale,  if  in 
his  judgment  a  sale  should  be  made. 

SEC.  108.  [Sale  Conducted  in  the  Same  Manner  as  Others.]  — 
In  case  a  sale  is  ordered  as  provided  for  in  section  one  of  this  act, 


46  REVENUE. 

the  parish  treasurer  shall  make  such  sale  in  the  same  manner,, 
and  upon  the  terms  and  conditions  as  is  now  provided  by  law 
for  the  sale  of  sixteenth  section  lands  $  provided  this  act  shall 
not  apply  to  sixteenth  sections  now  leased  to  parties  for  a  term 
of  years. 

SEC.  109.  [Sale  of  Sections  Divided  by  Parish  Lines.] — When 
the  sixteenth  section  of  any  township  is  divided  by  a  parish 
line,  the  treasurer  of  the  parish  in  which  a  greater  portion  of 
the  section  may  lie,  shall  proceed  to  take  the  sense  of  the  people 
of  the  township,  and  to  sell  the  same  as  provided  by  law,  as  if 
the  whole  section  lay  in  his  parish ;  provided,  that  the  same  shall 
be  advertised  at  the  courthouse  of  both  parishes. 

SEC.  110.  [Treasurer's  Commission.] — Parish  treasurers  of 
the  several  parishes  shall  be  entitled  to  retain  out  of  the  pro- 
ceeds of  the  sale  of  sixteenth  sections  effected  by  them  a  per- 
centage of  2J  011  the  amount  of  said  sales,  to  be  deducted  from 
the  cash  payment,  and  the  same  shall  be  in  full  compensation 
of  their  services. 

SEC.  111.  [Lease  of  School  Lands.]— Should  a  majority  of 
the  legal  votes  be  against  the  sale  of  the  lands,  then  it  shall  be 
the  duty  of  the  parish  board  of  directors,  where  the  same  may 
be  situated,  to  secure  them  from  injury  and  waste,  and  prevent 
illegal  possession  or  aggression  of  any  kind,  and  in  conjunction 
with  the  parish  treasurer  to  lease  the  same,  or  any  part  thereof, 
for  a  term  not  exceeding  four  years,  according  to  the  provisions 
of  the  second  section  of  the  act  of  Congress  aforesaid,  and  to 
inform  the  Superintendent  thereof. 

SEC.  112.  [Proceeds  of  Lands  Accruing  to  Townships.] — All 
moneys  that  have  been  or  may  be  hereafter  received  into  the  State 
treasury,  and  the  interest  that  has  or  may  accrue  thereon  from 
the  sale  of  any  sixteenth  section  of  school  lands  or  the  school 
land  warrants  belonging  to  the  various  townships  in  the  State, 
shall  be  placed  to  the  credit  of  the  township,  and  should  the 
people  of  any  township  desire  to  receive  for  the  use  of  the  schools 
therein,  the  annual  interest  payable  by  the  State  on  funds  depos- 


REVENUE.  47 

ited  to  their  credit,  or  the  annual  proceeds  of  the  loan,  the  parish 
treasurer  shall,  on  the  petition  of  five  legal  voters  in  any  such 
township,  order  an  election  to  be  held  in  the  township,  as 
provided  for  the  sale  of  township  lands ;  and  if  a  majority  of 
any  number  of  votes  above  seven  be  in  favor  of  receiving 
annually  the  accruing  interest  as  aforesaid,  the  same  shall  be 
paid  to  the  treasurer  of  the  parish  for  the  use  of  the  townships 
or  districts  ;  otherwise  the  interest  shall  be  an  accumulated 
fund  to  their  credit  until  so  called  for. 

SEC.  113.  [Mode  of  Annulling  Sales.] — In  all  cases  of  the 
sale  of  the  school  lands  known  as  sixteenth  sections,  heretofore 
made,  where  the  purchase  money  has  not  been  paid,  the  pur- 
chaser or  purchasers  shall  have  the  right  to  annul  the  sale 
upon  application  to  the  district  court  of  the  parish  where  the 
land  is  situated  5  provided,  that  the  judgment  of  nullity  shall  be 
obtained  at  the  cost  of  the  applicant  and  contradictorily  with 
the  district  attorney,  in  conjunction  with  the  school  directors 
of  the  district  in  which  said  laud  is  situated,  who  shall  be  made 
a  party  defendant  in  such  suit;  provided,  also,  that  it  shall 
appear  upon  the  hearing  that  the  value  of  the  land  has  not 
been  impaired  by  any  ict  of  the  purchaser ;  and  provided  fur- 
ther, that  nothing  in  this  act  shall  be  so  construed  as  to  entitle 
the  said  purchaser  to  repayment  of  any  p  irt  of  the  purchase 
money  already  paid. 

SEC.  114.  [Auditor's  Duty  in  the  Collection  of  Notes.] — It 
shall  be  the  duty  of  the  Auditor  of  Public  Accounts,  immediately 
on  the  passage  of  this  act,  to  forward  for  .collection  to  the  treas- 
urer of  the  school  board  in  their  respective  parishes  throughout 
the  State,  all  the  notes  given  for  the  purchase  price  of  sixteenth 
sections,  or  an  y  pa.rt  thereof,  known  as  free  school  lands,  when  - 
ever  any  installment  of  said  purchase  price  has  become  due  or 
may  become  due,  and  it  shall  be  the  duty  of  said  treasurer  of 
parish  school  board  to  receive  and  receipt  for  same. 

SEC.  115.  [Parish  Treasurer's  Duty  in  the  Collection  of  Notes.] 
It  shall  be  the  duty  of  the  treasurer  of  the  parish  school 


48  REYENUF. 

board,  ou  receipt  of  the  notes  due  and  given  for  the  said  six- 
teenth sections,  to  immediately  notify  the  principal  and  his 
sureties,  in  writing,  of  the  amount  of  said  note,  principal  and 
interest,  due  and  unpaid  $  provided,  said  lands  for  which  said 
notes  were  given  are  still  in  possession  of  the  original  purchaser, 
and  it  in  the  possession  of  other  parties,  such  possessor  shall 
also  be  likewise  notified  of  all  the  demands,  principal  and 
interest,  against  said  lands,  and  if  all  the  demands  against  the 
same  be  not  satisfied  within  thirty  days  from  said  notice,  it  shall 
be  the  duty  of  the  treasurer  of  the  parish  school  board  to  turn 
over  said  notes  to  the  district  attorney  for  said  district,  or  other 
attorney  selected  by  the  school  board,  for  suit:  and,  provided 
further,  that  said  notice  shall  serve  as  a  bar  to  prescription, 
which  shall  only  begin  to  run  from  the  service  of  said  notice. 

SEC.  116.  [Attorney's  Duty  in  the  Collection  of  Notes.]— It 
shall  be  the  duty  of  the  said  attorney  to  proceed  without  delay, 
by  all  necessary  legal  processes,  and  without  depositing  clerk's 
or  sheriff's  costs,  or  giving  security  therefor,  to  collect  all  such 
notes  as  may  be  turned  over  to  him  by  said  treasurer  of  the 
parish  school  board,  and  given  for  sixteenth  sections,  known  as 
free  school  lands,  and  if  any  of  the  conservatory  writs  should  be 
found  to  be  necessary  in  order  to  aid  in  said  collection,  it  shall 
be  lawful  to  issue  the  same,  without  giving  bond  as  required  in 
other  cases. 

SEC.  117.  [Attorney's  Compensation.] — The  said  attorney  shall 
receive  ten  per  cent  of  all  money  collected  by  him  on  notes 
given  for  sixteenth  sections,  and  after  deducting  said  ten  per 
cent  he  shall  turn  over  the  remainder  to  the  treasurer  of  the 
school  funds  for  the  parish  in  which  said  lands  are  situated, 
and  the  same  shall  be  transmitted  through  the  Auditor  ot 
Accounts,  by  said  treasurer,  to  the  State  Treasurer;  and  any 
moneys  thus  received  into  the  State  Treasury  from  said  collec- 
tions shall  bear  interest  at  the  rate  of  tour  per  cent  per  annum, 
and  be  credited  to  the  township  to  which  the  same  belongs, 
according  to  the  provisions  of  the  Act  of  Congress. 


REVENUE.  49 

SEC.  118.  [Duty  of  the  Auditor  in  Fixing  Capital  Due  the 
Townships.} — It  shall  be  the  duty  of  the  Auditor  of  Public  Ac- 
counts, by  the  1st  day  of  January,  1887,  to  ascertain  the  amount 
of  capital  that  may  be  due  the  several  townships  from  the  pro- 
ceeds of  the  sales  of  sixteenth  sections,  made  since  the  1st  of 
January,  1880.  and  actually  paid  into  the  State  Treasury.  The 
amount  thus  ascertained  shall  be  the  capital  upon  which  interest 
shall  be  thereafter  allowed  and  paid  out  of  the  interest  collected 
on  the  said  bonds  to  the  townships,  the  sixteenth  sections  of 
•which  have  been  sold  since  the  1st  of  January,  1880,  and  the 
proceeds  actually  paid  into  the  State  Treasury,  and  the  proceeds 
so  paid  invested  as  required  by  law. 

In  calculating  the  interest  due  the  several  townships,  no 
interest  shall  be  allowed  for  fractious  of  the  year  during  which 
the  receipts  shall  have  come  into  the  treasury;  but  it  shall  com- 
mence at  the  beginning  or  the  1st  of  January  of  the  next  year. 
The  interest  due  upon  the  capital  ascertained  as  aforesaid, 
and  the  interest  due  upon  subsequent  sales,  shall  be  p  lid  to  the 
townships  in  the  manner  now  provided  for  by  law.  It  shall  be 
the  duty  of  the  Auditor  to  furnish  the  Treasurer  and  Superin- 
tendent of  Public  Education  with  a  statement  of  the  amount  due 
•each  township. 

SEC.  119.  [Trespass  on  Sixteenth  Sections.] — Whoever  sha  1 
cut  down,  or  remove  for  sale  for  his  own  use,  or  the  use  of 
another,  any  timber  on  any  free  school  land  in  this  State, 
belonging  to  the  State,  known  as  sixteenth  sections,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
condemned  to  pay  a  fine  of  not  less  than  fifty  nor  more  than  one 
thousand  dollars,  and  in  detault  of  the  same,  be  sentenced  to 
imprisonment  not  less  than  ten  days  nor  more  than  one  year. 

SEC.  120.  [Same.] — Whoever  shall  knowingly  use,  cultivate 
or  inclose  any  free  school  land,  known  as  the  sixteenth  section, 
without  authority  from  the  parish  board  of  school  directors,  shall 
on  conviction  be  condemned  to  pay  a  fine  Of  not  less  than  fifty 
nor  more  than  one  thousand  dollars,  and  in  default  of  the  same 


Oil 


50  REVENUE. 

be  sentenced  to  imprisonment  for  not  less  than  ten  days  nor 
more  than  one  year. 

DONATIONS. 

SEC.  121.  [Donations  Authorized.] — Any  one  can  make  a 
donation  of  any  description  of  property  and  to  any  amount  to 
trustees  lor  educational,  charitable  or  literary  purposes,  or  for 
the  benefit  of  educational,  charitable  or  literary  institutions 
whether  already  existing,  or  thereafter  to  be  founded. 

SEC.  122.  [Conditions  the  Donor  May  Impose.] — The  donor 
shall  have  the  right  to  prescribe  the  number  of  trustees ;  the 
causes  for  wliich  the  trustees  shall  cease  to  be  such  ;  the  manner 
in  which  vacancies  shall  be  filled  and  the  manner  and  formalities 
the  trustees  shall  follow  in  transacting  business. 

SEC.  123.  [Property  Cannot  he  Made  Inalienable.] — The  donor 
shall  have  the  right  to  prescribe  the  manner  in  which  the 
property  donated  shall  be  administered,  and  the  objects  to  which 
it  or  any  part  thereof,  or  the  revenues  thereof,  shall  be  applied  ^ 
provided,  however,  that  property  donated  cannot  be  made 
inalienable j  but  the  donor  thereof  shall  have  the  right  to  pre- 
scribe in  what  manner  and  under  what  circumstances  the 
trustees  shall  be  empowered  to  sell  the  same,  or  any  portion 
thereof,  or  to  change  any  investment  once  made. 

SEC.  124.  [Trustees  to  Organize  in  a  Body  Corporate.]— The 
trustees  named  in  the  act  of  donation  and  their  successors  or 
substitutes,  or  such  of  them  as  are  willing  and  may  accept  the 
trust,  shall,  upon  complying  with  the  laws  of  this  State,  relative 
to  the  organization  of  corporations  for  literary,  scientific,  relig- 
ious and  charitable  purposes,  constitute  a  body  corporate  with 
the  power  of  continuous  succession  and  unlimited  duration,  and 
with  all  the  powers  conferred  upon  corporations  by  said  law  or 
by  custom ;  provided,  however,  that  the-requirem  ut  of  said  law,, 
as  to  the  number  of  persons  necessary  for  the  formation  of  a 
corporation,  shall  not  apply  to  such  trustees ;  and,  provided 

further,  that  if  any  of  the  trustees  will  not  or  cannot  accept  the 

i 


REVENUE.  Ol 

trust,  then  such  of  those  named  as  are  willing,  may  accept,  and, 
in  the  manner  prescribed  in  the  act  of  donation,  proceed  to  fill 
the  vacancies  up  to  the  required  number. 

SEC.  125.  [When  Trustees  Fail  to  Accept,  the  Governor  May 
Appoint  Others.] — Whenever  there  is  an  entire  failure  of  the 
trustees  to  accept,  the  Governor  of  the  State  may  name  a  number 
of  persons  equal  to  the  number  named  by  the  donor,  and  who 
shall  till  the  places  of,  and  be  vested  with  all  the  powers  con- 
ferred upon  the  trustees  by  said  donor. 

SEC.  126.  [Duty  of  the  Trustees.]— The  board,  of  trustees 
shall  administer  the  property  entrusted  to  them  in  conformity 
with  the  directions  contained  in  the  act  of  donation,  and  shall 
have  all  the  powers  needed  in  sach  administration;  but  can- 
not mortgage  nor  encumber  the  donated  property,  except 
as  may  be  prescribed  in  the  act  of  donation.  And  said  trustees 
shall  not  be  entitled  to  any  remuneration  for  their  services, 
unless  expressly  granted  in  the  act  of  donation. 

SEC.  127.  [Duty  of  Trustees  Respecting  Other  Donations.] — 
Said  board  of  trustees  shall  have  the  power  to  accept  and  admin- 
ister other  donations  mortis  causa  or  inter  vivos  from  the.,  same 
or  other,  and  to  apply  the  same  as  may  be  prescribed  in  the 
subsequent  act  of  donations.  The  administration  of  such  sub- 
sequent act  of  donations,  to  be  governed  by  the  directions  con- 
tained in  the  subsequent  act  of  donation. 

SEC.  128.  [Fidei  Commissae.] — The  provisions  contained  in  the 
Revised  Civil  Code,  or  other  laws  of  the  State  relative  to  substi- 
tiousfidei  commissar-  or  trust  dispositions,  shall  not  be  deemed  to 
apply  to,  or  in  any  manner  affect  donations  made  for  the  purposes 
and  in  the  manner  provided  by  this  act,  and  all  laws  or  parts  of 
laws  conflicting  with  the  provisions  of  this  act,  are  repealed  in 
so  far  as  regards  the  purposes  of  this' act,  but  not  otherwise. 

SEC.  129.  [Disposition  of  Funds  of  Towns  on  the  Recission 
of  Their  Charters.} — If  after  paying  all  the  debts  of  said  town 

'''    (upon  the  dissolution  and  recission  of  its  charter)  there  shall 

• 

. 


52  SCHOOLS. 

remain  any  balance  of  money,  the  same  shall  be  turned  over  to 
the  School  Board  of  the  parish  to  be  used  in  the  education  of  the 
children  of  school  age  residing  within  the  territory  covered  by 
said  town. 

SEC.  130  [Prescription  of  Debts,  Etc.]— The  term  of  pre- 
scription of  any  and  all  debts,  due  to  any  charitable  institution 
in  this  State,  and  to  'any  college  fund,  or  any  fund  of  any  institu- 
tion of  learning,  or  to  any  fund  bequeathed  for  charitable  pur- 
poses, for  the  purpose  of  distri  nation  to  the  poor  or  indigent,  or  for 
purposes  of  education,  and  ol  ill  debts  contracted  by  borrowing 
the  whole  or  part  of  any  such  funds,  shall  be  thirty  years,-  pro- 
vided, the  debt  is  evidenced  by  writing. 

VI.    SCHOOLS. 


131.  IS.  10,  A.  81,  1888.]— Graded  and 

high  schools:  authorization  to 
be  given  by  the  State  Boar«l  of 
Education ;  assessment  of  o;»e 
dollar  to  provide  the  common 
schools  with  fuel 

132.  [S.  14,  A.  81,   1888.]— Branches 

to  be  taught. 

133.  \_S.  1,  A.  40,    1888.]— Instruction 


in  hygiene  and  temperance. 


134.  \_S.  2,  A.  40,  1888.]— Text-books 
shall  give  due  attention  to  Mio 
subject  of  alcoholic  drinks  :i  :  1 


their  eft'ects  upon   the  human 
system. 

135.  [8.1  A.  52,1894.]—  Combination 

with  sectarian  schools  prohib- 
ited. 

136.  [A'.  2,  A.  52,  1894.]— Penalty  for 

violation  of  the  above  regula- 
tion. 

137.  [,S.  1,  A.  93,  1892.]— Legal  koli- 


138.  [K.  1304.  IL  S.,  1869.]— Free  pass- 

age over  streams  for  children. 

139.  [-S.    6,    A.   70,    1882.]— Limit   of 

.school  attendance. 


SEC.  131.  [Graded  anl  Ztjh  Schools.]— The  parish  school 
board  shall  have  the  i.-.tiiority  to  establish  graded  schools,  and 
to  adopt  such  a  system  in  that  connection  as  may  be  necessary 
to  assure  their  success;  central  or  high  schools  may  be  estab- 
lished when  necessary.*  The  ordinances  establishing  such  schools 
adopted  by  the  parish  school  boards  shall  be  submitted  to  the 
State  Board  of  Education,  and  no  high  school  shall  be  opened 
without  its  sanction,  and  no  such  school  shall  be  established 

^SECTION  131.  "He  it  R>sr>l»ed,  That  the  State  Hoard  of  Education  calls  the  attention  of 
the  parish  boards  to  the  necessity  of  establishing  high  schools  wherever  the  high  grade  of 
students  justifies  it,  as  the  State  Board  of  Education  believe  that  the  establishment  of  a  number 
of  high  schools  in  the  State  will  contribute  powerfully  to  build  np  both  the  pnb'ic  school  ays- 
t<  in  and  colleges  and  universities.'1 — Proceedings,  State  Boird  of  Education,  August  18,  1892. 


SCHOOLS.  53 

unless  the  amount  be  donated  for  the  site  and  suitable  buildings 
are  provided  for  without  any  expense  out  of  the  school  fundj 
provided,  that  the  boards  of  directors  of  the  parish  of  Orleans 
shall  not  require  the  sanction  of  the  State  Board  for  the  pur- 
poses aforesaid.  The  school  boards  shall  have  the  authority  to 
assess  and  collect  one  dollar  per  annum  from  each  family,  sur- 
viving parent  or  guardian,  who  actually  sends  a  child  or  children 
to  the  common  schools  of  the  district,  to  be  collected  in  such 
manner  as  said  board  shall  determine,  which  amount  shall  be 
used  in  providing  the  sciiool  house  with  fuel  and  defraying  the 
expenses  necessary  for  the  comfort  of  the  school. 

SEC.  132.  [Branches  to  be  Taught.]— The  branches  of  or- 
thography, reading,  writing,  arithmetic,  geography,  grammar, 
United  States  history  and  laws  of  health  and  physical  education 
shall  be  taught  in  every  district.  In  ad  litiou  to  those,  such 
other  branches  as  the  State  Board  of  Education  and  the  parish 
school  board  may  require;  provided,  that  these  elementary 
branches  may  be  also  taught  in  the  French  language  in  those 
parishes  in  the  State  or  localities  in  said  parishes  where,  the 
French  language  predominates,  it  no  additional  expense  is 
incurred. 

SEC.  133.  [Hygiene  and  Temperance.] — In  addition  to  the 
branches,  in  which  instrutiou  is  now  given  in  the  public  schools, 
instruction  shall  also  be  given  as  to  the  nature  of  alcoholic 
drinks  and  narcotics,  and  special  instruction  as  to  their  effects 
upon  the  human  system  in  connection  with  the  several  divisions 
of  the  subject  of  relative  physiology  and  hygiene,  and  such  sub- 
jects shall  be  taught  as  regularly  as  other  branches  are  taught 
in  said  schools.  Such  instruction  shall  be  given  orally  from  a 
text  book  in  the  hand  of  the  teacher,  to  pupils  who  are  not  able 
to  read,  and  shall  be  given  by  the  use  of  textbooks  in  the  hands 
of  the  pupils  in  the  case  of  those  who  are  able  to  read,  and  such 
instruction  shall  be  given  as  aforesaid  to  all  pupils  in  all  public 
schools  in  the  State,  to  all  the  grades  until  completed  in  the  high 
schools. 


54  SCHOOLS. 

SEC.  134.  [Text  Books.] — The  text  books  used  for  the  instruc- 
tion required  to  be  given  by  the  preceding  section  (referring  to 
the  law  in  regard  to  the  teaching  of  Hygiene  and  Temperance,) 
shall  give  at  least  one-fourth  of  their  space  to  the  consideration 
of  the  nature  and  effects  of  alcoholic  drinks  and  narcotics;  and 
the  books  used  in  the  highest  grades  of  graded  schools  shall 
contain  at  least  twenty  pages  of  matter  relating  to  this  subject. 

Text  books  on  physiology  in  use  in  the  schools  or  at  the  time 
this  act  takes  effect,  which  are  not  in  accordance  with  the 
requirements  of  this  section,  except  when  previous  contracts  as 
to  such  text  books  now  in  force. 

SEC.  135.  [Sectarian  Schools.]— The  Boards  of  School  Di, 
rectors  of  the  several  parishes  of  this  State  are  prohibited 
from  entering  into  any  contract,  agreement,  understanding,  or 
combination,  tacitly  or  expressly,  directly  or  indirectly  with  any 
church,  monastic  or  other  religious  order  or  association  of  any 
religious  sect  or  denomination  whatsoever,  or  with  the  repre- 
sentatives thereof,  for  the  purpose  of  running  or  to  defray  the 
expenses  for  the  running  of  any  public  school  or  schools  of  this 
State,  together  in  connection  or  in  combination  with  any  private 
or  parochial  school  or  other  institution  of  learning  which  may  be 
under  the  control,  authority,  supervision,  administration  or 
management  of  any  church,  monastic,  or  other  religious  order  or 
association  of  any  religious  sect  or  denomination  whatsoever. 

SBC.  136.  [Penalty.]— The  violation  of  the  provisions  of 
this  act  by  the  Board  of  School  Directors  or  any  member  thereof 
shall  be  cause  for  their  removal. 

SEC.  137.  [Days  of  Rest] — The  following  shall  be  considered 
as  days  of  public  re>t  and  legal  holidays  and  half  holidays  in 
this  State,  and  no  others,  namely :  Sundays,  the  first  of  January, 
the  eighth  of  January,  the  twenty-second  of  February,  Good 
Friday,  the  fourth  of  July,  the  first  of  November,  the  twenty- 
fifth  of  December,  Thanksgiving  Day  as  designated  by  the  Presi- 
dent of  the  United  States,  and,  in  the  parish  of  Orleans,  Mardi- 
Gras  and  the  twenty-fifth  of  November,  to  be  known  as  "  Labor 
Day." 


CITY   SCHOOLS. 


55 


SEC.  138.  [Free  Passage  Over  Streams  for  Pupils.]— The  free 
right  of  passage  or  conveyance,  over  all  public  ferries,  bridges 
and  roads  (except  the  ferries  of  the  Mississippi  Kiver)  which  are 
rented  out  by  the  State  or  parish,  or  over  which  the  State  or 
parish  exercises  any  control,  or  for  which  license  is  paid  or  toll 
exacted,  be  and  is  hereby  granted  to  all  children  on  foot  attend- 
ing free  public  schools,  and  no  tolls  or  fees  shall  be  demanded 
or  exacted  from  said  children  by  the  keepers  or  attendants  of 
said  ferries,  bridges  or  roads  in  their  passage  to  and  from  schools 
between  the  hours  of  7  o'clock  A.  M.  and  9  o'clock  A.  M.,  and/owr 
o'clock  P.  M.  and  six  o'clock  p.  M. ;  provided,  that  on  Sundays 
and  holidays  no  scholar  shall  have  the  right  to  cross  such  ferries 
bridges  or  roads  on  terms  different  from  those  of  any  ordinary 
passenger. 

SEC.  139.  [Limit  of  Attendance  in  Charge  of  One  Teacher.]— No 
school  of  IPSS  than  ten  pupils  shall  be  opened  or  maintained  in 
any  locality  j  nor  shall  more  than  forty  pupils  be  placed  in 
charge  of  any  one  teacher. 

VII.  CITY  SCHOOLS. 


140.  [S.  62,  A.  81,   1888.]— Board  of 

directors;  how  appointed;  how 
vacancies  are  filled. 

141.  [S.  1,  A.  158,  1894,  amending  mid 

re-enacting  Section  63  of  Act  81  of 
1888.] —Board  of  school  direct- 
ors :  a  body  corporate ;  quo- 
rum ;  legal  process  served  on 
the  president  or  vice-president; 
attorney;  organization.  Secre- 
tary :  must  not  be  a  member  of. 
the  board ;  duties  and  salary. 

142.  [S.64,  J.  81,  1888.] -Additional 

powers  of  the  board  of  direct- 
ors ;  the  adjustment  of  the  sala- 
ries of  teachers,  porters  and 
portresses ;  limitation  of  annual 
and  monthly  expenditures; 
rules  for  competitive  examina- 
tions ;  election  of  teachers  from 


among  candidates  holding  cer- 
tificates, and*  graduates  of  nor- 
mal schools ;  regular  monthly 
meetings;  vacating  seats  of 
members  of  board  for  absence 
from  two  successive  meetings 
and  other  causes;  evening  and 
night  schools ;  normal  schools. 

143.  \_S.  65,    A.  81,  1888.]— No   com- 

pensation allowed  to  directors. 

144.  [S.   2,   A.   158,   1894.]— Superin- 

tendendent:  his  duties,  pow- 
ers, salary,  and  term  of  oftice. 

145.  IS.  1,  A.  136, 1894.]— School  taxes 

collected  prior  to  1880  to  be 
turned  over  to  the  Board  of 
Liquidation. 

146.  [S    2,    A.  136,    1894.]— Duty  of 

the  board  in  certain  cases. 


66 


CITY   SCHOOLS. 


VII.   CITY  SCHOOLS— Continued. 


147.  [S.  3,  A.  136,  1894.]— Duty  of  the 

Board  of  Liquidation. 

148.  [£67,  J.81,  1888.]— City  treas- 

surer;   ex-officio  school   treas- 
urer; bond. 

149.  [£  68.  A.  81,  1888.]— Treasurer's 

term   of  office ;  removal ;  elec- 
tion of  a  successor. 

150.  IS.  69,  A.  81, 1888.— Mayor,  treas- 

urer,   and    comptroller  of  the 


city  of  New  Orleans,  cx-officio- 
members  of  the  board ;  cannot 
vote. 

151.  IS.  70,   A.  81,   1888.]— Keport  of 

the  board. 

152.  IS.  71,  A.  81,  1888.]— Budget  of 

expenses:  what  it  shall  include. 

153.  [S.  72,  A.  81.  1888.]—  Provisions- 

for  affording  proper  evidence 
of  claim. 


SEC.  140.  [Orleans  School  Board.] — All  the  public  schools  of 
the  parish  of  Orleans,  and  the  property  and  appurtenances 
thereof,  shall  be  under  the  direction  and  control  of  a  board  of 
directors.  Said  board  shall  consist  of  twenty  members,  eight 
of  whom  shall  be  appointed  by  the  Governor,  by  and  with  the 
consent  and  approval  of  the  State  board  of  education,  and 
twelve  members  thereof  shall  be  elected  by  the  city  council  of 
New  Orleans.  The  members  of  said  board  shall  hold  office 
during  four  years  after  their  appointment  and  election,  except 
as  hereinafter  provided,  and  until  their  successors  are  appointed 
or  elected  and  qualified.  On  the  first  organization  of  said  board 
by  the  members  thereof,  who  shall  be  appointed  and  elected  on 
the  passage  hereof,  and  in  the  manner  aforesaid,  the  members 
shall  be  divided  into  four  classes,  by  such  method  as  they  may 
choose,  each  class  to  consist  of  three  members,  elected  by  the 
city  council  and  two  members  appointed  by  the  Governor,  by 
and  with  the  consent  and  approval  of  the  State  board  of  educa- 
tion, whose  terms  shall  expire  respectively  in  one,  two,  three  and 
four  years,  and  whose  successors  "shall  be  elected  and  appointed 
for  four  years,  and  in  the  manner  set  forth  above ;  so  that  one- 
fourth  of  the  membership  of  said  board  shall  expire,  and  be 
elected  and  appointed  annually.  Vacancies  in  membership  shall 
be  filled  by  the  appointive  or  elective  power,  as  herein  provided. 

SEC.  141.  ;  [Powers  and  Duties  of  the  Board.] — Said  board  of 
directors  of  the  public  schools  of  the  parish  of  Orleans,  shall  be  a 


CITY   SCHOOLS.  57 

body  corporate  in  law,  with  power  to  sue  and  be  sued.  Eleven, 
members  shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness. Legal  process  shall  be  served  on  the  president;  in  his 
absence  or  inability  to  act,  on  the  vice  president.  The  city 
attorney  shall  act  as  attorney  for  the  board.  The  board  shall  be 
organized  within  ten  days  after  its  appointment,  with  a  president 
and  vice  president  chosen  from  among  its  members,  and  a  sec- 
retary, who  shall  not  be  a  member  of  the  board.  In  addition  to 
the  duties  of  his  office,  which  may  be  fully  prescdbed  by  the 
board,  he  shall  make  a  quarterly  report  to  the  State  Superin- 
tendent of  Education  of  the  cost  of  maintaining  the  city  schoolsr 
and  shall  keep  the  accounts  of  said  board  in  such  manner  as  to 
be  in  strict  accordance  with  such  budget  as  they  may  adopt, 
certifying  to  said  board  at  each  monthly  meeting  the  expenses 
of  said  board  for  each  current  month.  Said  board  shall  have 
control  of  all  ImiMii.gs,  records,  papers,  furniture  and  property 
of  any  kind  pertaining  to  the  administration  of  the  schools,  and 
vshall  have  management  of  all  the  public  schools  within  the  limits 
of  the  city  of  New  Orleans. 

The  salary  of  the  secretary  which  shall  be  fixed  by  the  board, 
shall  be  paid  in  the  same  manner  as  hereinafter  provided  for  the 
payment  of  the  superintendent. 

SEC.  142.  [Authority  of  the  Directors ;  Duties.] — In  addition 
to  the  powers  and  duties  hereinbefore  granted  to  and  imposed 
upon  parish  boards,  the  powers  and  duties  of  said  board  of 
directors  of  the  parish  of  Orleans  shall  be  as  follows : 

First — It  shall  adjust  and  tix  equitably  the  salaries  of  teach- 
ers and  porters  or  portresses  employed  in  the  schools,  and  of  the 
secretary  and  employees  and  of  such  assistant  superintendents  as 
it  may  deem  necessary  for  an  efficient  supervision  of  the  schools. 

Second— It  shall  limit  the  annual  expenses  of  maintaining 
the  schools  to  the  annual  revenue,  and  the  expense  for  any  one 
mouth  shall  not  exceed  the  one  ninth  part  of  the  whole  amount 
provided  for  the  schools. 

Third — It  shall  prescribe  rules  for  subjecting  teachers,  or 
candidates  for  teacherships,  to  a  careful  competitive  examination. 


58  CITY   SCHOOLS. 

on  all  such  branches  as  they  are  expected  to  teach,  and  no  per- 
son shall  be  elected  to  a  positiou  as  teacher  without  a  favorable 
report  on  his  or  her  moral  and  mental  qualificfitions  by  an 
organized  committee  of  examiners  appointed  by  the  board. 
Teachers  regularly  examined  and  elected  shall  not  be  removed 
Irom  the  schools  during  the  time  for  which  employed,  except  on 
written  charges  of  immorality,  neglect  of  duty,  inconipeteucy  or 
malfeasance,  of  which  he  or  she  have  been  found  guilty  by  a 
majority  of  the  members  of  the  board  at  a  regular  monthly 
meeting.  The  said  board  may  except  from  such  examination 
any  person  who  has  passed  a  satisfactory  examination,  as  re- 
quired by  Act  No.  23  of  1377,  approved  March  twenty-sixth 
(26th),  eighteen  hundred  and  seventy-seven  (1877),  and  who 
holds  a  certificate  of  qualification,  and  who  has  had  two  years 
or  more  experience  as  a  teacher,  so  that  the  calling  of  a  teacher 
Shall  be  elevated  to  a  profession,  and  that  a  system  of  life  cer- 
tificates shall  be  issued  to  all  such  teachers  in  the  city  of  New 
Orleans  by  the  board  of  directors  of  city  schools  ;  any  person 
who  is  a  graduate  of  a  State  normal  school,  or  of  any  college  or 
university  duly  authorized  to  confer  degrees,  certificates  of  quali- 
fications shall  be  given  to  all  persons  who  successfully  pass  such 
examination. 

Fourth — It  shall  elect  all  teachers  from  among  the  candi- 
dates holding  certificates  in  the  order  of  their  merit,  as  shown 
by  such  examination,  including  graduates  of  normal  schools,  as 
shown  by  the  averages  attained  at  their  final  examinations,  or 
from  among  persons  excepted  from  examinations  as  hereinbefore 
provided. 

Fifth — All  certificates  to  teachers  granted  hereafter  shall 
stand  good  for  three  years ;  upon  a  second  examination  at  the 
end  of  three  years,  certificates  of  a  higher  grade  shall  be  given, 
to  be  good  for  five  years,  if  the  applicant  is  found  competent  to 
teach  a  higher  grade  school  than  the  one  for  which  the  first  cer- 
tificate issued. 

Sixth — It  shall  hold  regular  monthly  meetings  on  a  day 
fixed  by  it. 


CITY  SCHOOLS.  59 

Seventh — It  shall  declare  vacant  the  position  of  any  of  its 
members  who  shall  have  failed  to  perform  the  duties  assigned  to 
Mm,  or  have  absented  himself  from  two  successive  monthly 
meetings  of  the  board  without  leave,  or  have  been  guilty  of  any 
breach  of  decorum,  or  of  any  other  act  inconsistent  with  the  dig- 
nity of  a  school  director;  and  it  shall  report  each  vacancy  to 
the  body  by  which  the  delinquent  member  shall  have  been  pre- 
viously elected  or  appointed;  it  shall  be  the  duty  of  the  board 
of  directors  of  city  schools  elected  and  appointed  under  the  pro 
visions  of  this  act  to  examine  and  scrutinize  personally  the 
accounts  of  their  predecessors,  in  order  to  find  out  if  their 
administration  of  the  school  funds,  committed  to  their  charge  for 
disbursement,  has  been  in  accordance  with  law,  so  that  in  the 
future  a  proper  administration  of  the  city  schools  may  be  had. 

Eighth — It  may  establish,  when  practicable,  evening  or 
night  schools  for  the  instruction  of  such  youths  as  are  prevented 
by  their  daily  vocations  from  receiving  instructions  during  the 
day. 

Ninth — It  may  establish,  when  deemed  advisable,  one  or 
more  normal  schools  or  departments  for  the  pioressional  training 
and  improvement  of  candidates  for  teacherships,  including,  in 
the  course  of  instruction  and  training,  lectures  in  the  natural 
sciences,  and  on  the  method  of  teaching  and  disciplining  chil- 
dren, and  the  practical  exercises  of  non-teaching  students  in 
model  classes  organized  for  that  purpose  by  the  faculty  of  the 
institution.  To  graduates  of  these  normal  schools  or  depart- 
ments, and  also  to  proficient  students  in  other  city  schools  of  an 
academic  grade,  the  board  may,  in  its  discretion,  award  diplo- 
mas; and  the  graduates  of  the  normal  schools  or  departments 
who  shall  have  been  examined  and  found  proficient  in  all  the 
branches  required  to  be  taught  in  the  public  grammar  schools, 
may  be  deemed  preferred  candidates  for  vacant  positions  in  the 
city  public  schools,  and  the  diplomas  awarded  to  such  graduates 
shall  be  deemed  equivalent  to  teaching  certificates  of  the  highest 
grade  for  common  schools;  provided,  that  the  final  examinations 


60  CITY   SCHOOLS. 

for  graduation  from  said  normal  schools,  and  upon  which  diplo- 
mas may  be  awarded,  shall  be  conducted  in  the  same  manner 
and  include  the  same  subjects  as  the  public  competitive  examina- 
tions required  by  paragraph  three  (3)  of  this  section. 

SEC.  143.  [Services  of  the  Directors  Without  Compensation.]— 
No  school  director  of  the  city  ot  New  Orleans  shall  receive  com- 
pensation for  his  services  as  a  school  director. 

SEC.  144.  [Superintendent— Duties,  Authority,  Salary.]— The 
said  board  is  authorized  to  appoint  for  the  constant  supervision 
and  periodical  examination  of  the  public  schools  of  the  parish 
of  Orleans,  a  competent  and  experienced  educator  to  be  desig- 
nated as  superintendent.  He  shall  aid  the  directors  in  organiz- 
ing the  schools  and  in  improving  the  methods  of  instruction 
therein,  in  examining  candidates  for  teacherships.  and  in  con- 
ducting periodical  examinations  of  pupils  for  promotion  through 
the  respective  grades  of  the  schools,  and  in  maintaining  general 
uniformity  and  discipline  in  the  management  of  all  the  schools, 
He  shall  make  semi-annual  reports  on  the  condition  and  needs 
of  the  schools  to  the  said  board,  and  an  annual  report  on  or 
before  the  first  of  January  to  the  State  board  of  education,,  as 
hereinbefore  required;  and,  whenever  notified  to  be  present,  he 
shall  attend  meetings  of  the  State  board  of  education. 

The  superintendent  shall  receive  an  annual  salary  of  twenty- 
five  hundred  dollars,  payable  in  equal  monthly  installments, 
payable  on  the  roll  of  the  board  of  directors  of  the  city  schools, 
in  the  same  manner  and  at  the  same  time  that  the  employees 
and  expenses  of  said  board  of  directors  are  pa  d.  He  shall  hold 
his  office  for  the  term  of  four  years,  subject  to  removal  by  the 
board  for  neglect  of  duty  or  malfeasance,  of  which,  after  an  im- 
partial hearing  by  the  board,  he  shall  have  been  adjudged 
guilty.  He  shall  be  ex-officio  a  member  of  said  board,  and 
entitled  to  participate  in  its  deliberations  and  debates,  and  in 
the  examination  of  candidates  for  teacherships,  but  he  shall  not 
cast  a  vote  in  the  board. 


CITY    SCHOOLS.  61 

SEC.  145.  [Taxes  Prior  to  1880.]— All  the  school  taxes  col- 
lected by  the  city  of  New  Orleans  prior  to  1880  be  turned  over  to 
the  Board  of  Liquidation  of  the  city  debt  of  New  Orleans. 

SEC.  146.  [Judgment  Against  the  School  Board.] — Whenever 
a  judgment  shall  be  rendered  or  has  heretofore  been  rendered 
against  the  board  of  School  Directors  of  the  city  of  New  Orleans, 
whether  the  same  be  absolute  against  the  School  Board,  or  pay- 
able out  of  the  school  taxes  levied  by  the  city  of  New  Orleans 
for  any  particular  year  or  years,  and  the  same  shall  have  become 
final  and  executory,  the  plaintiff  in  the  suit  shall  cause  a  copy  of 
the  petition,  answer  and  judgment  duly  certified  by  the  clerk  to 
t>e  final  and  executory  be  lodged  in  the  hands  of  the  secretary  of 
the  Board  of  Liquidation  of  the  City  Debt  of  New  Orleans,  whose 
duty  it  shall  be  to  record  the  same  in  a  book  kept  for  that  pur- 
pose. 

SEC.  147.  [Duty  of  the  Board  of  Liquidation.] — It  shall  be  the 
duty  of  the  Board  of  Liquidation  to  distribute  the  share  of  the 
funds  provided  for  in  Section  8  of  Act  110  of  1890,  which  shall 
accrue  to  the  School  Board  of  the  city  of  New  Orleans,  as 
follows,  viz : 

1.  Out  of  the  funds  so  accruing  from  the  taxes  for  the  years 
1892,  1893  and  1894,  it  shall  first  pay  to  said  School  Board,  in 
addition  to  amounts  heretofore  paid  the  sum  of  one  hundred  and 
sixty  thousand  dollars  ($160,000). 

?.     Ori*  of  the  funds  so  accruing  from  the  taxes  of  the  year 

1895,  it  snail  first  pay  to  said  School  Board  such  an  amount  as 
will,  with  any  amounts  appropriated  by  the  city  of  New  Orleans 
for  school  purposes  reach  a  total  of  two  hundred  and  ninety-seven 
thousand  five  hundred  dollars  ($297,500). 

3.     Out  of  the  funds  so  accruing  from  the  taxes  of  the  year 

1896,  and  of  each  year  thereafter,  it  shall  first  pay  to  said  School 
Board  for  each  year  such  an  amount  as  will  with  any  amounts 
appropriated  by  the  city  of  New  Orleans  for  school  purposes 
reach  a  total  of  three  hundred   and  thirty-seven  thousand  five 
hundred  dollars  ($337,500). 


62  CITY   SCHOOLS. 

4.  It  shall,  after  making  the  payments  aforesaid,  distribute 
any  amounts  remaining  in  its  hands  and  accruing  to  said  School 
Board,  among  the  holders  of  judgments  so  recorded  with  it,  in 
the  order  of  their  registry  until  the  same  shall  have  been  paid 
in  full. 

5.  It  shall  pay  over  to  said  School   Board  any  amounts 
accruing  to  it  out  of  said  funds  after  paying  judgments  in  fulL 

SEC.  148.  [City  Treasurer,  Ex-Officio  School  Treasurer.]— The 
treasurer  of  New  Orleans  shall  ex-officio  be  the  treasurer  of  said 
board  and  shall  receive  all  funds  apportioned  by  the  State  to 
such  city,  or  received  or  collected  for  the  support  of  the  free 
public  schools  from  any  and  all  sources.  He  shall  give  bondr 
with  good  and  solvent  security,  in  the  sum  of  ten  thousand  dol- 
lars ($10,000)  in  favor  of  the  president  of  said  board  and  his 
successors  in  offic?,  to  be  accepted  and  approved  by  said  board 
and  recorded  in  the  mortgage  office  of  the  parish,  and  which 
bond  shall  then  be  filed  and  kept  on  record  in  the  office  of  the 
said  board.  The  filing  of  said  bond,  and  taking  and  filing  the 
usual  oath  of  office  before  any  officer  authorized  to  administer 
the  same,  shall  qualify  the  treasurer  to  act. 

SEC.  149.  [Term  of  Office,  Removal,  Election  of  a  Successor.]— 
Said  treasurer  shall  hold  his  office  for  four  years,  or  during  bis 
term  of  office  as  city  treasurer,  unless  sooner  removed  after  due 
trial  and  hearing  by  the  said  board,  for  neglect  of  duty  or  mal- 
feasance in  office;  and  in  case  of  removal  by  the  board,  it  shall 
elect  a  treasurer  who  shall  not  be  a  member.  He  shall  receive 
the  sum  of  six  hundred  dollars  per  annum  for  the  trouble  and 
expenses  which  may  be  incurred  by  him  in  the  discharge  of  the 
^duties  imposed  under  this  act,  payable  monthly  on  his  own  war- 
rant, as  hereinbefore  provided  for  the  payment  of  the  superin- 
tendent's salary.  He  shall  keep  his  office  open  at  all  such  times 
as  may  be  prescribed  by  said  board,  for  the  payment  of  pay-rolls 
or  checks  in  favor  of  teachers  and  other  employees  of  the  board. 

SEC.  150.  [Ex-Officio  Members  of  the  City  Board.]-^The 
mayor,  treasurer  and  comptroller  of  the  city  of  New  Orleans 


CITY   SCHOOLS.  63 

shall  be  ex-officio  member  of  the  said  board  and  entitled  to 
take  part  in  all  the  debates  and  deliberations  in  said  board  on 
the  ways  and  means  for  maintaining  the  public  schools  of  said 
parish,  but  they  shall  not  have  the  right  to  vote. 

SEC.  151.  [Report  of  the  Board.] — In  addition  to  the  -duties 
imposed  upon  boards  of  school  directors,  it  shall  be  the  duty  of 
said  board  for  the  parish  of  Orleans  to  present  to  the  Common 
Council  of  the  city  of  New  Orleans,  on  the  first  day  of  December 
of  each  year,  a  full  report  of  the  condition  of  the  city  schools, 
showing  the  number  of  teachers  and  other  employees  and  their 
salaries ;  the  number  and  location  of  school  houses,  with  the  con- 
dition thereof,  and  the  estimated  cost  of  keeping  all  appurtenant 
grounds  in  good  repair  during  the  ensuing  year ;  a' so  a  detailed 
exhibit  of  all  receipts  and  expenditures  of  the  board  for  the 
schools  during  the  previous  twelve  months  5  said  report  shall  be 
accompanied  with  a  statement  certified  by  the  officers  of  the 
board  of  the  average  daily  attendance  of  pupils  during  the  annual 
session,  and  the  average  expense  per  capita  of  their  instruction. 

SEC.  152.  [Budget  of  Expenses.]— It  shall  be  the.  duty  of  the 
Common  Council  of  the  city  of  New  Orleans,  in  making  up  their 
budget  of  annual  expenses,  to  include  therein  the  amount  neces- 
sary to  meet  the  expenses  of  the  schools,  as  shown  by  the  state- 
ment of  the  actual  attendance,  and  cost  of  instruction  required 
by  the  preceding  section,  with  such  additional  allowance  for 
probable  increased  attendance  and  contingent  expenses  as  may 
seem  just  and  reasonable  to  the  City  Council,  and  to  keep  in  good 
repair  all  school  houses  and  school  grounds  belonging  to  the  city; 
provided,  that  the  sum  appropriated  with  the  probable  receipts 
from  the  State  school  fund  and  poll  tax  shall  not  exceed  the 
,  aggregate  amount  required  for  the  maintenance  of  the  schools 
during  the  year,  and  for  the  keeping  in  good  repair  all  school 
houses  and  grounds  belonging  to  the  city,  as  shown  by  the  state- 
ment of  the  school  board  ;  and,  provided  further,  that  the  amount 
to  be  appropriated  by  said  city  shall  not  be  less  than  the  sum  of 
$250,000;  of  said  amount  so  to-be  appropriated  b^  said  City 


STATE   SCHOOLS. 


Council,  not  less  than  $175,000  shall  be  provided  for  the  annual 
city  budget  of  expenditure  ,  and  the  balance  out  of  the  reserve 
fund  of  twenty  per  cent,  constituted  by  Section  GG  of  Act  No.  20, 
approved  June  23d,  1882,  and  by  Act  No.  UK),  of  1886,  and  said 
balance  is  hereby  constituted  a  first  lien  and  claim  against  said 
reserve  fund,  and  shall  be  paid  out  of  the  first  collection  made 
on  account  of  the  same  and  by  preference  over  all  claims  what- 
soever; provided  further,  that  out  of  the  amount  so  appropriated 
by  said  city,  said  board  of  directors  shall,  in  the  year  eighteen 
hundred  and  eighty-nine  (1889),  and  annually  for  five  years  there- 
after, appropriate  a  sum  sufficient  to  extinguish  at  least  one-sixth 
of  the  unpaid  claims  against  said  board  for  the  years  18SO,  1831, 
1882  and  1884,  so  that  said  claims  shall  bo,  entirely  paid  by  the 
beginning  of  the  year  1895.  The  board  of  directors  for  the  par  sli 
of  Orleans  are  hereby  authorized  to  enforce  the  provisions  of 
this  section  by  the  application  to  a  court  of  competent  jurisdic- 
tion, by  a  writ  of  mandamus  or  other  effective  remedy.* 

SEC.  153.  [Provisions  for  Affording  Proper  Evidences  of  Claims.] 
For  the  purpose  of  affording  'proper  evidence  of  said  claims 
aforesaid  (and  for  no  other  purposes  whatsoever),  said  board 
shall  issue  certificates  of  indebtedness  to  an  amount  equal  to  the 
total  amount  of  said  claims  and  maturing  in  six  equal  install 
meuts  on  the  first  day  of  January,  1890,  1891,  1892,  1893,  1894 
and  1895. 

VIII.    STATE  SCHOOLS. 


STATK  NORMAL  SCHOOL. 

Jet  73  of  1892. 
154    (1)  Object;  to  \vliom  open 

155.  (2)  Board   of   administrators; 

terms  of  office ;  successors. 

156.  (3)  Powers   of   the   board;    ap- 

point teachers ;  manage  school 
finances ;  a  body  corporate ; 
domicile. 


157.  (4)  Meetings  of  the  board ;  com- 
pensation. 
158    (5)  Faculty  ;  their  duties. 

159.  (6)  Departments  and  clashes. 

160.  (7)  Qualifications  for  admission. 

161.  (•)  Tuition  free,  except  in  cer- 

tain instances. 

162.  (9)  Diplomas  equivalent  to  first 

grade  teachers'  certificates. 


•The  provisos  of  this  section  are  declared  »ncoBat:tatioaal  by  fie  Supreme  Court.  Hee 
abstract,  "  Taxation,'"  from  the  42<l  Annual  in  the  Appendix  of  this  book,  case  of  bta'e  ex  rcl 
School  Hoard  vs.  City  (/Xew  Orle  ns. 


STATE  SCHOOLS. 


VIII.   STATE  SCHOOLS— Ooii tinned. 


INDUSTRIAL   SCHOOL  AT  HUSTON. 

3nil«flCEM   Act™  0/1894. 

163.  (1)  Object,  location,  proviso. 

164.  (2)   Trustees :    how    appointed ; 

vacancies,  quorum. 

165.  (3)  Trustees,  a  body  corporate. 

166.  (4)  Meetings. 

167.  (5)  Branches  to  be  taught. 

168.  (6)  Faculty. 

169.  (7)  State    ownership   of   school 

property. 

STATE    UNIVERSITY. 

Act  145  0/1877. 

170.  (1)  Union  of  the  State  Univer- 

sity and  Agricultural  and  Me- 
chanical College. 

Ifl.  (2)  Rights  and  privileges  grant- 
ed the  two  institutions,  re- 
spectively, still  in  force. 

172.  (3)  Object  of  the  institution  in 

literature,  sciences,  and  arts. 

173.  (4)  General  education. 

174.  (5)  Board  of  supervisors;  seal; 

powers. 

175.  (6)  Composition   of  the   board  ; 

vacancies ;  how  filled. 

176.  (7)  Members  of  the  board  gradu- 

ated by  class  for  certain  terms. 

177.  (8)  Vice  president;  quorum. 

178.  (9)  Regular  and  special  meetings 

of  the  board. 

179.  (10)  Officers  of  the  board. 

180.  (11)  President  and  faculty;  sal- 

aries, duties  and  privileges. 

181.  (12)  Branches  to  be  taught. 

182.  (13)  Affiliation  of  the  university 

with  other  incorporated  insti- 
tutions. 

183.  (14)  Course  of  study. 

184.  (15)  Board   to  be  charged  with 

the    purchase    of    necessary 
grounds.       njOUHB      ...>,wlCE     1JUH- 

185.  (16)  Power  of  the  board  to  lease 


the    University's    grounds    in 
Rapides  and  Saint  Bernard. 

186.  (17)  Interest  and  income  to  be 

derived  from  the  sale  and  lease 
of  certain  lands  and  property. 

187.  (18)  Institution    enjoined   to 

teach  agricultural -and  mechan- 
ical arts. 

1*8.  (20)  The  board  to  report  to  the 
Legislature. 

189.  (21)  Powers  and   duties  of  the 

president  of  the  University. 

190.  (22)  Further  powers  of  the  pres- 

ident of  the  faculty. 

191.  (23)  Grant,  gift,  devise,  and  be- 

quest of  property. 

192.  (24)  Board  to  accept  donations 

of  property,  etc. 

193.  (25)  Authority  of  the   board  to 

invest  funds. 

194.  (26)  Construction  to  be   placed 

upon  donations. 

Act  67'0/  I860. 

195.  Military  science  to  be  taught. 

196.  Governor   to  issue   commissions 

to  the  faculty. 

197.  Expenses  of  the  board  of  super- 

visors. 

Act  140  of  1880. 

198.  (1)  Chairs  in  nautical   instruc- 

tion to  be  established. 

199.  (2)  Governor  requested  to  apply 

to  the  Secretary  of  the  Navy 
for  training  ships,  etc. 
Act  100  of  1886. 

200.  (1)  Beneficiary  c*adets — one   al- 

lowed each  parish  and  seven- 
teen to  the  city  of  New  Orleans. 

201.  (2)  By  whom  and  how.  appoint- 

ed. 

202.  (4)  Authority  of  the  police  ju- 

ries and  city   council  of  New 
Orleans   to   appropriate   funds 


66 


STATE   SCHOOLS. 


VIII.    STATE  SCHOOLS— Continued. 


for  the  maintenance  of  bene- 
ficiary cadets. 

^03.  (5)  Conditions    imposed    upon 
beneficiaries. 

INSTITUTION   FOR   THE   BLIND. 

Act  92  0/1871. 

204.  (1)  Establishment. 

205.  (2)  Applicants,    on  what  terms 

admitted. 

206.  (3)  Organization;   terms  of  in- 

struction. 

207.  (4)  General  control. 
203.  (5)  First  meeting. 

209.  (6)  Residence,   salary,   and  du- 

ties of  principal. 

210.  (7)  Duties  of  vice-president. 

211.  (8)  Bond,  duties,  and  salary  of 

the  treasurer. 

212.  (9)  By-laws  and  regulations. 

213.  (10)  Industrial    Home    for  the 

Blind. 

214.  (11)  Expenses  of  the  board ;  how 

paid. 

215.  (12)  Admission  regardless  of 

race. 

INSTITUTION      FOR     THE     DEAF      AND 
DUMB. 

Act  88  0/1871. 

216.  (1)  For  the  exclusive  use  of  the 

deaf  and  dumb. 


217.  (2)  Admission  of  pupils. 

218.  (3)  Literary     and     mechanical 

education. 

219.  (4)  Control,  in  whom  vested. 

220.  (5)  Officers. 

221.  (6)  Duties  of  the  superintendent, 

222.  (7)  Duties  of  the  treasurer. 

223.  (8)  Rules  and  regulations ;  quo- 

rum. 

224.  (10)  Expenses  of  members  of  the 

board. 

SOUTHERN  UNIVERSITY. 

(For  Persons  of  Color.) 

225.  [£.  1,  A.  87,  1880.]— Establish- 

ment 

226.  [5.   1,   A.   65,  1882.]— Board    of 

trustees. 

227.  [S.  3,  A.  87,  1880.]— Quorum. 

228.  IS.  4,  A.  87,  1880.]— Officers  of 

the  board;   how  elected;   offi- 
cers. 

229.  [S.  5,  A.  87,  1880.]— Rules  and 

regulations ;  faculty. 

230.  \_S.  6,  A.  87,  1880.]— Powers  of 

the  board  of  trustees, 

231.  IS.   1,   A.    90,   1882.]— Faculty, 

degrees,     departments,    and 
courses. 


STATE  NORMAL  SCHOOL. 

SEC.  154.  [Object— To  Whom  Open.]— The  State  Normal 
School,  located  at  Natchitoches,  in  the  parish  of  Natchitoches, 
in  conformity  with  sections  4  and  8  of  Act  No.  51  of  1884,  shall 
have  far  its  object  to  train  teachers  for  the  public  schools  of 
Louisiana,  and  shall  be  open  to  white  persons  of  either  sex  of 
age  and  qualifications  as  may  be  hereinafter  prescribed. 

SEC.  155.  Board  of  Administrators— Terms  of  Office,  Their  Suc- 
cessors.— The  board  of  administrators  of  said  State  Normal  School 


STATE  SCHOOLS.  67 

shall  consist  of  six  competent  white  citizens,  to  be  selected  and 
appointed  by  the  Governor  of  the  State,  one  from  the  town  of 
Natchitoches  and  from  each  of  the  first  five  circuits  of  the  court  of 
appeals.  The  Governor  shall  shall  be,  ex-officio,  president  of  the 
board.  The  first  board  appointed  under  this  act  shall,  at  its 
first  meeting,  oe  divided  by  lot  into  three  classes  of  two  members 
each,  the  first  class  to  hold  office  for  two  years,  the  second  for 
four  y^r?  jwl  the  third  for  six  years,  from  and  after  the  first 
day  of  July,  1892.  Their  successors  shall  be  appointed  for  the 
full  term  of  six  years.  Vacancies  caused  by  death  or  resigna- 
tion shall  be  filled  for  the  unexpired  term  by  appointment  of  the 
Governor. 

SEC.  156.  [Powers  of  the  Board  of  Administrators.] — The  board 
of  administrators  shall  elect  all  teachers  employed  in  said  State 
Normal  School,  determine  their  compensation,  and  manage  the 
financial  and  other  interests  of  the  school.  Said  board  shall  be 
a  body  corporate  with  all  the  rights  and  powers  of  such  bodies, 
and  shall  have  its  domicile  at  the  town  of  Natchitoches,  in  the 
parish  of  Natchitoches. 

SEC.  157.  [Meetings  of  the  Board ;  Compensation.] — Said  board 
of  administrators  shall  hold  one  regular  meeting  each  year  at  the 
close  of  the  annual  session  of  the  school.  Special  meetings  may 
be  called  in  such  manner  and  held  at  such  times  as  the  board  of 
administrators  may  determine.  The  members  of  said  board  of 
administrators  shall  receive  no  compensation  for  their  services, 
except  their  actual  traveling  expenses  and  the  per  diern  of  mem- 
bers of  the  General  Assembly  while  attending  the  sessions  of 
the  Board. 

SEC.  168..  [The  Faculty— Their  Duties.]— The  faculty  shay 
consist  of  a  president,  who  shall  be  ex-officio  a  member  of  the 
board  of  administrators,  and  such  additional  instructors  as  the 
interests  of  the  school  may  require.  In  addition  to  the  regular 
work  of  the  school,  the  faculty  may  be  called  upon  to  assist  in 
the  State  Teachers7  Institutes  at  such  times  and  places  as  may 
be  determined  by  the  State  Superintendent  of  Public  Education 
and  the  President  of  the  State  Normal  School. 


<68  STATE   SCHOOLS. 

SEC.  159.  [Departments  and  Classes.] — The  State  Normal 
'School  shall  contain  two  departments,  the  Normal  Department 
and  the  Practice  School.  The  Course  of  Study  of  the  Normal 
Department  may  extend  over  a  period  of  four  years,  and  shall 
embrace  thorough  instruction  and  training  in  the  history  and 
science  of  education,  the  theory  and  practice  of  teaching,  the 
organization  and  government  of  schools  and  such  other  branches 
of  knowledge  as  may  be  deemed  necessary  to  fit  the  students  for 
the  varied  work  of  a  complete  system  of  public  schools.  The 
Practice  School  shall  consist  of  such  grades  or  classes,  with  such 
course  of  study,  as  the  Board  of  Administrators  may  deem  useful 
in  giving  the  Normal  students  the  necessary  practice  in  the  art 
of  teaching. 

SEC.  160.  [Qualifications  for  Admission.]  —  Applicants  for 
admission  to  the  Normal  Department  must  be  at  least  fifteen 
years  of  age  if  female,  and  sixteen  years  of  age  if  male;  must 
give  satisfactory  evidence  of  goodjnoral  character  and  of  requisite 
proficiency  in  the  ordinary  branches  of  a  good  common  school 
education;  and  must  declare  in  writing  their  full  intention  of 
continuing  in  the  school  until  graduation,  unless  sooner  dis- 
charged, and  of  teaching  in  the  public  schools  of  Louisiana  for 
at  least  one  year  after  graduation. 

SEC.  161.  [Tuition  Free,  Except  in  Some  Instances.] — Tuition 
shall  be  free  to  all  students  of  the  Normal  Department  who  ful- 
fill all  the  requirements  imposed  by  Section  160  of  this  Act,  and 
to  the  pupils  of  the  primary  grades  of  the  Practice  School.  All 
other  students  shall  be  charged  such  fees  for  tuition  as  may  be 
prescribed  by  the  board  of  administrators. 

SEC.  162.  [Diplomas.]— The  board  of  administrators  of  the 
State  Normal  School  is  hereby  empowered  to  confer  diplomas 
upon  all  graduates  of  said  school.  This  diploma  shall  entitle  its 
holder  to  a  first  grade  teacher's  certificate,  valid  in  any  town  or 
parish  of  the  State  for  four  years  from  the  date  of  graduation* 
at  the  expiration  of  which  time  it  may  be  renewed,  for  the  same 
period,  by  the  State  Board  of  Education,  upon  satisfactory  evi- 


STATE   SCHOOLS.  69^ 

dence  of  the  ability,  progress  and  moral  character  of  the  teacher 
making  application  for  such  renewal.  Furthermore,  the  diploma 
of  the  State  Normal  School  shall  entitle  its  holder  to  such  degree 
of  preference  in  the  selection  of  teachers  for  the  public  schools 
of  the  State  as  may  be  deemed  wise  and  expedient  by  the  State 
Board  of  Education. 

INDUSTRIAL,  INSTITUTE  AND  COLLEGE. 

SEC.  163.  [Industrial  College — Object,  Location,  Privilege.] — An 
Industrial  Institute  and  College  is  hereby  established  for  the 
education  of  the  white  children  of  the  State  of  Louisiana  in  the 
art*  and  sciences.  Said  Institute  shall  be  known  as  "The  In- 
dustrial Institute  and  College  of  Louisiana,"  and  shall  be  located 
at  Eustou,  Lincoln  parish,  La.,  provided  said  town  and  parish 
shall  donate  ten  thousand  dollars  ($10,000)  to  said  Institute,  and 
the  same  shall  be  organized  as  hereinafter  provided. 

SEC.  164.  [Trustees — How  Appointed;  Vacancies,  Quorum.] — 
The  Governor  of  the  State  shall  nominate  and  appoint,  by  and 
with  the  advice  and  consent  of  the  Senate,  one  person  from  each 
Congressional  District  of  this  State  and  two  from  the  State  at 
large,  to  be  trustees  and  to  serve  as  such  for  four  years.  Im- 
mediately after  they  shall  be  assembled,  in  consequence  of 
their  first  appointment,  they  shall  be  divided  by  lot  into  two 
equal  classes,  so  that  the  term  of  three  of  those  appointed  from 
the  Congressional  Districts  and  one  appointed  from  the  State  at 
large,  shall  expire  in  two  years  and  the  term  of  the  other  half 
shall  expire  in  four  years  from  the  date  of  their  appointment,  so 
that  one-half  may  be  chosen  every  two  years,  Vacancies  shall 
be  filled  as  in  case  of  oth  -r  offices  in  this  State.  The  Governor 
shall  be  ex-officio  a  member  of  said  board  of  trustees  and  shall, 
when  present,  act  as  president  of  the  board,  but  the  board  shall 
elect  one  of  their  number  as  vice-president.  Five  of  the  trustees 
shall  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  165.  [Trustees,  a  Body  Corporate.] — The  board  of  trus- 
tees of  said  institute  and  college,  be  and  the  same  are  hereby 


70  STATE   SCHOOLS. 

declared  a  body  politic  and  corporate,  shall  be  domiciled  at 
RustoD,  La.,  shall  have  a  seal,  shall  sue  and  be  sued,  contract 
and  be  contracted  with,  may  hold,  purchase,  sell  and  convey 
property,  whether  movable  or  immovable,  which  may  be  neces- 
sary or  beneficial  in  carrying  out  the  purposes  of  this  act.  Said 
board  of  trustees  may  provide  under  proper  regulations  and 
rules  for  conferring  degrees  and  awarding  diplomas  and  grant- 
ing certificates,  as  rewards  and  honors  for  learning  and  skill,  to 
the  pupils  of  said  institute. 

SEC.  166.  [Meetings  of  the  Trustees, — Said  board  of  trus- 
tees shall  fix  the  time  or  times  for  regular  meetings  and  may  be 
convened  at  any  time  the  Governor  as  ex-officio  president  may 
deem  it  expedient  to  do  so,  in  order  to  transact  business  con- 
nected with  said  institute  and  college.  The  president  of  the  fac- 
ulty and  teachers  shall  be  secretary  of  the  board  of  trustees,  and 
he  shall  keep  in  a  well  bound  book,  a  record  of  all  the  proceed- 
ings had  by  said  board,  and  his  compensation  for  this  service 
shall  be  fixed  by  the  board;  provided,  that  said  board  may  elect 
a  suitable  person  as  secretary  pro  tern  to  act  until  the  institute 
be  put  in  operation. 

SEC.  167.  [Branches  to  be  Taught.]— The  said  board  of  trus- 
tees shall  possess  all  the  power  necessary  and  proper  for  the 
accomplishment  of  the  trust  reposed  in  them,  viz :  The  estab- 
lishment of  a  first-class  Industrial  Institute  and  College  for  the 
education  of  the  white  children  of  Louisiana  in  the  arts  and 
sciences,  at  wnich  such  children  may  acquire  a  thorough  acade- 
mic and  literary  education,  together  with  a  knowledge  of  kinder- 
garten instruction,  of  telegraphy,  stenography  and  photography, 
of  drawing,  painting,  designing  and  engraving  in  their  indus- 
trial application;  also  a  knowledge  of  fancy,  practical  and 
general  needle  work;  also  a  knowledge  of  book-keeping  and 
agricultural  and  mechanical  arts,  together  with  such  other  prac- 
tical industries  as  from  time  to  time  may  be  suggested  to  them 
by  experience,  or  such  as  will  tend  to  promote  the  general  object 
of  said  institute  and  college  to-wit:  Fitting  and  preparing  such 
children,  male  and  female,  for  the  practical  industries  of  the  age. 


STATE  SCHOOLS.  71 

SEC.  168.  [Faculty.] — The  board  of  trustees  shall  select  and 
appoint  a  president  and  the  professors  of  said  Institute  and  Col- 
lege, and  such  other  officers  as  they  may  deem  necessary  to  put 
and  maintain  the  same  in  successful  operation,  and  shall  make 
such  rules  and  regulations  for  the  government  of  said  officers 
as  they  may  deem  advisable ;  they  shall  prescribe  such  a  course 
of  discipline  as  may  be  necessary  to  enforce  the  faithful  dis- 
charge of  the  duties  of  all  officers,  professors  and  students. 
They  shall  prescribe  the  course  or  coifrses  of  instruction  so  as 
to  secure  a  thorough  education  and  the  best  possible  instruc- 
tion in  all  of  said  industrial  studies,  and  they  shall  adopt  all 
such  by-laws  and  regulations  as  they  may  deem  necessary  to 
carry  out  all  the  purposes  and  objects  of  said  institution. 

SEC.  169.  [State  Ownership  of  College  Property.]— All  the 
property  acquired  in  any  way  by  said  board  of  trustees  shall 
really  be  the  property  of  and  belonging  to  the  State  or  Louisiana, 
but  shall  be  held,  controlled  and  managed  by  said  board  of  trus- 
tees for  the  benefit  of  the  said  Industrial  Institute  and  College. 

THE  LOUISIANA  STATE  UNIVERSITY  AND  AGRICULTURAL  AND 
MECHANICAL  COLLEGE. 

SEC.  170.  [Union  of  the  State  University  and  the  Agricultural 
and  Mechanical  College.] — The  Louisiana  State  University,  as 
now  established  and  located  at  Alexandria,  in  the  parish  of 
Rapides,  and  the  Louisiana  State  Agricultural  and  Mechanical 
College,  as  now  established  and  located  in  the  parish  of  St.  Ber- 
nard, be  and  they  are  hereby  united  and  constituted  into  one  and 
the  same  institution  of  learning,  which  shall  hereafter  be  known 
and  designated  under  the  name  and  title  of  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College,  and  said 
institution  of  learning,  the  Louisiana  State  University  and  Agri- 
cultural and  Mechanical  College,  as  hereby  created,  shall  be 
established  temporarily  at  Baton  Rouge,  in  the  parish  of  East 
Baton  Rouge. 

SEC.  171.  [Rights  and  Privileges  Granted  the  Two  Institu- 
tions Respectively,  Still  in  Force.] — All  legal  rights  and  privi- 


72  STATE   SCHOOLS. 

leges,  as  granted  by  the  Congress  of  the  United  States  and  the 
Legislature  of  Louisiana,  and  all  the  legal  obligations  and 
requirements,  as  imposed  by  congressional  and  legislative  enact- 
ments, and  binding  upon  the  two  institutions  of  learning  respect- 
ively, which  have  been  in  the  preceding  section  united  and 
constituted  into  one  and  the  same  institution  of  learning,  shaH 
be  of  full  force  and  effect  with  and  upon  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College,  as  herein- 
before constituted  and  established ;  excepting  such  legal  rights, 
privileges,  obligations,  and  requirements  as  may  be  specifically 
repealed  by  the  provisions  of  this  act. 

SEC.  172.  [Object  of  the  Institution.]— The  Louisiana  State 
University  and  Agricultural  and  Mechanical  College,  as  herein- 
before created,  shall  have  for  its  object  to  become  an  institution 
of  learning,  in  the  broadest  and  highest  sense,  where  literature, 
science  and  all  the  arts  may  be  taught;  where  the  principles  of 
truth  and  honor  may  be  established,  and  a  noble  sense  of  personal 
and  patriotic  and  religious  duty  inculcated  5  in  fine,  to  fit  the 
citizen  to  perform  justly,  skillfully,  and  magnanimously  all  the 
offices,  both  private  and  public,  of  peace  and  war. 

SEC.  173.  [General  Instruction.] — The  Louisiana  State  Uni- 
versity and  Agricultural  and  Mechanical  College,  as  herein- 
before created,  shall  provide  general  instruction  and  education 
in  all  the  departments  of  literature,  science,  art,  and  industrial 
and  professional  pursuits ;  and  it  shall  provide  special  instruc- 
tion for  the  purpose  of  agriculture,  the  mechanic  arts,  mining,, 
military  science  and  art,  civil  engineering,  law,  medicine,  com- 
merce and  navigation. 

SEC.  174.  [Board  of  Supervisors.] — The  Louisiana  State  Uni- 
versity and  Agricultural  and  Mechanical  College,  as  herein- 
before created,  constituted  and  established,  shall  be  under  the 
direction  and  control  of  fifteen  supervisors,  who  shall  be  a  body 
corporate,  under  the  style  and  -title  of  the  board  of  supervisors 
of  the  Louisana  State  University  and  Agricultural  and  Mechan- 
ical College,  with  the  right,  as  such,  to  use  a  common  seal,  and 


STATE   SCHOOLS.  73 

who  shall  be  capable  in  law  to  receive  all  donations,  subscrip- 
tions, and  bequests,  in  trust  for  said  University  and  Agricultural 
and  Mechanical  College,  and  to  recover  all  debts  which  may 
become  the  property  of  said  University  and  Agricultural  and 
Mechanical  College,  and  to  sue  and  be  sued  in  courts  of  justice, 
and  m  general  to  do  all  acts  for  the  benefit  of  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College, 
which  are  incident  to  bodies  corporate. 

SEC.  175.  [Composition  of  the  Board.] — The  Governor  of  the 
the  State  shall  be  ex  officio  president  of  the  board  of  supervisors, 
and  the  State  Superintendent  of  Public  Education  and  the  presi- 
dent of  the  faculty  of  the  university  shall  be  members  ex-officio 
of  said  board,  and  the  twelve  remaining  members  shall  be 
appointed  by  the  Governor  by  and  with  the  advice  and  consent 
of  the  Senate;  provided,  that  three  of  the  said  twelve  remaining 
members  shall  have  been  students  of  the  Louisiana  State  Univer- 
sity, as  it  existed  prior  to  the  passage  of  this  act,  and  have  taken 
degrees  a::d  be  titled  grnd nates  of  said  institution ;  and  provided 
further,  that  only  one  member  shall  be  appointed  from  any  one 
parish,  except  the  parish  of  Orleans,  from  which  two  members 
shall  be  appointed ;  and  also  further  provided,  that  one  of  the 
twelve  members  to  be  appointed  by  the  Governor  shall  reside  in 
the  parish  of  East  Baton  Rouge,  in  which,  as  hereinbefore  pro- 
vided, the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College  has  been,  temporarily,  established  and 
located.  And  whenever  a  vacancy  occurs  in  the  board  of  super- 
visors, for  any  cause,  the  same  shall  be  filled  for  the  unexpired 
term  in  the  same  manner. 

SEC.  176.  [How  the  Supervisors  are  Appointed.] — Three  of 
the  twelve  members  of  the  board  of  supervisors  to  be  appointed 
by  the  Governor  in  accordance  with  the  provisions  of  the  fore- 
going section  ot  this  act,  shall  be  commissioned  and  hold  their 
offices  for  one  year,  three  for  two  years,  three  for  three  years,  and 
three  for  four  years.  Their  successors  snail  be  appointed  in 
like  manner,  and  shall  hold  their  offices  for  the  full  term  of  four 


74  STATE  SCHOOLS. 

years,  from  the  first  day  of  January  next  succeeding  their 
appointments,  and  until  their  successors  are  appointed  and 
qualified  , 

SEC.  177.  [Vice-President  of  the  Board ;  Quorum.]— The  mem- 
ber of  the  board  of  supervisors  appointed  for  the  parish  of 
East  Baton  Kouge,  in  which,  as  hereinbefore  provided,  the  Lou- 
isiana State  University  and  Agricultural  and  Mechanical  Col- 
lege has  been  temporarily  established  and  located,  shall  be  ex- 
officio  the  vice-president  of  the  board,  to  preside  over  the  meetings 
of  the  board  in  the  absence  of  the  Governor.  Five  members  of 
the  board  of  supervisors,  including  the  president  or  vice-president 
shall  constitute  a  quorum  for  the  transaction  of  business ;  pro" 
vided,  that  all  of  the  acts  of  the  said  such  five  members,  at  such 
meeting,  shall  be  submitted  for  ratification  or  rejection  at  the 
next  meeting  of  the  board  of  supervisors,  when  a  majority  of  all 
the  fourteen  members  of  the  board  may  be  present. 

SEC.  178.  [Meetings  of  the  B<jard— When  Held.]— There 
shall  be  four  regular  stated  meetings  of  the  board  of  supervisors, 
at  the  university,  in  each  and  every  year ;  one  the  first  Monday 
in  April,  another  on  the  Monday  before  the  close  of  the  annual 
session  of  the  university,  which  shall  be  July  4 ;  anothi  r  on 
Monday  before  the  opening  of  the  annual  session  of  the  univer- 
sity, which  shall  be  October  5 ;  and  another  on  the  first  Monday 
in  December ;  special  meetings  of  the  board  of  supervisors  shall 
be  called  in  such  manner  and  held  at  such  other  times  and  places 
as  the  Governor  of  the  State  or  the  board  of  supervisors  may 
determine. 

SEC.  179.  [Officers  of  the  Board.]— The  board  of  supervisors 
shall,  at  their  first  meeting,  elect  a  secretary,  who  shall  record, 
attest  and  preserve  their  proceedings ;  and  a  treasurer,  who 
shall  give  bond  for  the  faithful  performance  of  his  duties,  and  in 
such  sum  as  shall  be  determined  by  the  board ;  provided,  that 
the  treasurer  shall  not  be  a  member  of  the  board  of  supervisors, 
nor  a  professor  or  other  officer,  or  other  employe  of  the  univer- 
sity -,  and  provided  further,  that  the  treasurer  shall  never  be 


STATE  SCHOOLS.  75 

interested,  directly  or  indirectly,  in  any  contract  for  furnishing 
supplies  or  articles  of  any  kind  to  the  university,  or  have  any 
business  transactions  with,  or  on  account  of  the  university  that 
tend,  directly  or  indirectly,  to  his  own  personal  profits ;  nor 
shall  any  money  ever  be  paid  to  the  treasurer  in  his  personal 
capacity,  or  on  account  of  the  university,  except  what  may  be 
his  salary  or  compensation  as  treasurer. 

SEC.  180.  [Faculty— Salary,  Duties  and  Privileges.]— The 
board  of  supervisors  shall  have  the  power  to  engage  a  president 
and  other  professors,  and  all  other  officers  necessary  for  conduct- 
ing the  literary,  scientific,  military,  and  technical  departments, 
and  all  the  financial  and  civil  concerns  and  interest  of  the  univer- 
sity, and  to  remove  and  displace  the  same  at  pleasure ;  to  fix  and 
regulate  the  salaries  of  the  professors  and  all  other  offices,  and 
to  determine  all  other  changes,  excepting  that  there  shall  be  no 
fee  for  tuition  or  for  the  use  of  the  library,  apparatus,  labora- 
tory, cabinets,  museum,  workshop,  experimental  farm,  or  other 
educational  appliances  charged  to  any  student  or  cadet;  to 
establish  rules  for  the  good  government  and  discipline  of  the 
students  or  cadets ;  to  prescribe  the  duties  of  all  officers,  em- 
ployes, servants  and  others ;  to  confer  diplomas  upon  the  recom- 
mendation of  the  president  and  faculty,  on  students  for  pro- 
ficiency in  any  branch  of  literature  or  science,  or  department 
of  learning,  and,  in  general,  to  make  all  rules  and  regulations 
which  may  be  deemed  necessary  for  the  proper  government  of 
the  university  and  for  promoting  the  objects  for  which  it  has 
been  founded.  But  nothing  in  this  act  shall  be  construed  as 
obligating  the  State  to  pay  any  debt  contracted  by  the  board  of 
supervisors  in  case  it  should,  at  any  time,  exceed  the  appropria- 
tion made  for  the  institution ;  nor  shall  any  of  the  property  of 
the  university  ever  be  seized  and  sold  -to  pay  any  debt  of  the 
institution,  by  virtue  of  any  decree  of  court.  The  title  to  all 
property  owned  and  held  by  the  Louisiana  State  University  and 
Agricultural  and  Mechanical  College  is  hereby  declared  to  vest 
in  the  State  of  Louisiana. 


76  STATE   SCHOOLS. 

SEC.  181.  [Branches  to  be  Taught.]— There  shall  be  main- 
tained in  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College,  as  hereinbefore  constituted  and  established: 

First — Schools  of  literature,  including  the  languages  of  the 
principal  nations  of  ancient  and  modern  times,  philosophy,  logic, 
rhetoric  and  elocution,  history,  ethics,  metaphysics  and  such 
other  and  special  brunches  of  learning  as  the  board  of  super- 
visors may  determine. 

Second — Schools  of  science,  including  mathematics,  astrono- 
my, engineering,  architecture,  drawing,  physics,  chemistry,, 
botany,  zoology,  agriculture,  mechanics,  mining,  navigation  and 
commerce,  and  such  other  special  branches  of  learning  as  the 
board  of  supervisors  may  determine. 

Third — Schools  of  the  useful  and  fine  arts,  and  of  military 
science  and  art. 

Fourth — Schools  of  medicine  and  law. 

Fifth — Such  other  schools  as  the  board  of  supervisors  may 
establish. 

SEC.  182.  [Affiliation  With  Any  Incorporated  Institution.]— 
The  board  of  supervisors  may  affiliate  with  the  Louisiana  State 
University  and  Agricultural  and  Mechanical  College  any  incor- 
porated university  or  college,  or  school  of  medicine,  law  or  other 
special  course  of  instruction,  upon  such  terms  as  maybe  deemed 
expedient ;  and  such  university,  college  or  school  may  retain  the 
control  of  its  own  property,  have  its  own  board  of  trustees,  facul- 
ties and  president  respectively;  and  the  students  of  such 
universities,  colleges  or  schools  recommended  by  the  respective 
faculties  thereof,  may  receive  from  the  Louisiana  State  Univer- 
sity and  Agricultural  and  Mechanical  College,  the  degrees  of 
those  universities,  colleges  or  schools,  and  the  said  students  of 
learning  or  special  schools,  thus  graduated,  shall  rank  as  gradu- 
ates of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College. 

SEC.  183.  [Course  of  Study.]— It  shall  be  the  duty  of  the 
board  of  supervisors,  immediately  after  its  organization,  to  pre- 


STATE   SCHOOLS.  77 

scribe,  in  detail,  the  course  of  studies,  both  theoretical  and  prac- 
tical, to  be  pursued  at  the  University  and  Agricultural  and 
Mechanical  College,  and  to  draw  up  a  project  of  the  system  of 
instruction  so  adopted. 

SEC.  184.  [Board  to  Purchase  Grounds  Necessary  for  the 
TJniversity.) — The  board  of  supervisors  shall  be  charged  with 
the  purchase  of  all  necessary  grounds  and  lands  for  the  purpose 
of  the  University  and  Agricultural  and  Mechanical  College,  and 
with  the  purchase  or  erection,  or  both,  as  may  be  necessary,  of 
all  requisite  buildings,  workshops,  laboratories  ana  other  fixtures 
and  contrivances  needed  for  the  academic,  military,  industrial 
or  other  departments  of  the  University  and  Agricultural  and 
Mechanical  College,  and  with  the  purchase  of  all  necessary  sup- 
plies or  articles  for  the  use  of  the  University  and  Agricultural 
and  Mechanical  College ;  provided,  that  no  member  of  the  board 
ot  supervisors  shall  have  any  personal  interest  in  any  contract, 
or  purchase,  or  sales,  or  in  any  business  transaction  of  any  kind 
whatever,  for  or  on  account  of  said  University  and  Agricultural 
and  Mechanical  College ;  and  said  board  of  supervisors  shall  be 
charged  with  the  care  and  preservation  of  all  the  buildings, 
grounds  and  appurtenances  of  the  University,  after  they  shall 
have  been  provided. 

SEC.  185.  [Power  of  the  Board  to  Lease  Certain  Lands  in 
B-apides  and  Saint  Bernard.] — The  board  of  supervisors  be,  and 
they  are  hereby  empowered  to  lease,  as  early  as  may  be  practi- 
cable, and  invest  the  proceeds  thereof  in  the  stocks  of  the  State 
of  Louisiana,  or  in  the  stocks  of  the  United  States,  all  the 
buildings  and  grounds  and  lands  belonging  to  and  held  by  the 
Louisiana  State  University,  as  it  was  established  and  located  in 
the  parish  of  Eapides  prior  to  the  passage  of  this  act  and  to  sell 
or  lease  all  the  buildings  and  grounds  and  land  belonging  to  and 
held  by  the  Louisiana  Agricultural  and  Mechanical  College, 
as  it  was  established  and  located  in  the  parish  of  Saint  Bernard 
prior  to  the  passage  of  this  act ;  and  said  stocks  or  bonds  shall 
be  deposited  for  safe  keeping  with  the  Treasurer  of  the  State. 

SEC.  186.  [Income  from  Congressional  Grants.] — For  the  en- 
dowment, support,  and  maintenance  of  the  Louisiana  State 


78  STATE   SCHOOLS. 

University,  as  heretofore  created,  constituted,  and  established-,, 
there  shall  be  and  is  hereby  inviolably  appropriated  and  placed 
at  the  disposal  of  the  supervisors  thereof,  to  be  drawn  from  the 
State  treasurer,  upon  the  order  of  the  president  of  the  boardr 
made  upon  the  Auditor  of  the  State,  countersigned  by  the  sec- 
retary of  the  board,  and  payable  to  the  order  of  the  treasurer 
of  the  board  of  supervisors,  all  the  interest  and  income  derived 
and  to  be  derived  from  the  sales  of  Jill  lands  grantee!,  or  that 
hereafter  may  be  granted,  to  the  State  of  Louisiana  by  the 
United  States,  for  the  use  of  a  seminary  of  learning,  and  all  the 
interest  and  income  of  the  fund  derived  and  to  be  derived  from 
the  sales  of  all  land  and  land  scrip  granted,  or  that  may  hereafter 
be  granted  to  the  State  of  Louisiana  by  virtue  of  an  act  of  Con- 
gress, entitled,  "An  act  donating  lands  to  the  several  States  and 
Territories,  which  may  provide  colleges  for  the  benefit  of  agricul- 
ture and  the  mechanic  arts,"  approved  July  2,  1862 ;  and  all  the 
interest  and  income  of  the  funds  to  be  derived  from  the  lease  of 
the  buildings,  grounds  and  lauds  in  the  parish  of  Bapides,  and 
owned  by  or  held  for  the  use  of  the  Louisiana  State  University  r 
as  it  existed  prior  to  the  passage  of  this  act ;  and  from  the  sale 
or  lease  of  the  buildings,  grounds,  and  lands  in  the  parish  ot 
Saint  Bernard,  owned  by  or  held  for  the  use  of  the  Louisiana 
Agricultural  and  Mechanical  College,  as  it  existed  prior  to  the 
passage  of  this  act;  and  all  such  gifts,  grants,  contributions  and 
other  donations  to  the  endowment  thereof,  as  may  be  derived 
from  any  and  all  sources. 

SEC.  187.  [Instruction  in  Agricultural  and  Mechanic  Arts,]— 
It  is  particularly  enjoined  upon  the  board  of  supervisors  of 
this  University  and  Agricultural  and  Mechanical  College  to 
make  the  training  in  those  branches  of  study  relating  to  agri- 
culture and  the  mechanic  arts  as  practical  as  possible,  and  to 
that  end  to  provide  the  necessary  workshops  and  laboratories, 
and  to  secure  suitable  land  in  the  vicinity  of  the  University  and 
Agricultural  and  Mechanical  College  for  an  experimental  farm. 
For  the  purchase  of  an  experimental  farm  the  board  of  super- 
visors is  hereby  authorized  to  expend  a  sum  not  exceeding  the 


STATE  SCHOOLS.  79 

amount  specified  in  the  act  of  Congress  hereinbefore  mentioned, 
viz :  ten  per  cent  upon  the  amount  received  by  the  State,  as  the 
proceeds  of  the  sale  of  the  lands  and  the  land  scrip  donated  by 
the  general  government  of  the  United  States. 

SEC.  188.  [Report  of  the  Board  of  Supervisors.] — At  the 
regular  stated  meeting  in  December  of  each  and  every  yearr 
the  board  of  supervisors  shall,  through  the  Governor  of  the 
St&te,  nictkc  a  itjpoil  iii  detail  tu  tiie  Legislature,  showing 
the  true  condition  and  wants  of  the  University  and  Agri- 
cultural and  Mechanical  College,  and  recording  any  improve- 
ments and  experiments  made  in  agriculture  and  the  mechanic 
arts,  with  their  costs  and  results,  the  names  of  the  profess- 
ors and  students,  the  amount  of  receipts  and  disbursements, 
together  with  the  nature,  costs  and  results  of  all  important 
scientific  investigations  and  experiments  in  the  useful  artsr 
and  such  other  matters,  including  State,  industrial  and  commer- 
cial statistics,  and  literary,  historical,  philological  and  philo- 
sophical discussions  or  essays  as  may  be  deemed  important  or 
useful ;  one  copy  of  which  shall  be  transmitted  to  all  the  other 
colleges  which  shall  be  endowed  under  the  provisions  of  the  act 
of  Congress  of  July  2d,  1862,  as  hereinbefore  mentioned. 

SEC.  189.  [Powers  of  the  President  of  the  Institution.] — The 
president  of  the  Louisiana  State  University  and  Agricultural 
and  Mechanical  College  shall  be  the  president  of  the  faculty  of 
professors  thereof,  and  executive  head  of  the  institution  in  all 
its  departments.  As  such  officer,  he  shall  have  authority,  sub- 
ject to  the  board  of  supervisors,  to  give  general  direction  to  the 
practical  affairs  and  scientific  investigations  of  the  University 
and  Agricultural  and  Mechanical  College,  and  in  the  recess  of 
the  board  of  supervisors,  to  remove  any  employe  or  subordinate 
officer  not  a  member  of  the  faculty,  and  supply  for  the  time  any 
vacancies  thus  created ;  and  so  long  as  the  interests  of  the  insti- 
tution require  it,  he  shall  be  charged  with  the  duties  of  one  of 
the  professorships ;  and  it  shall  be  the  duty  of  the  president  of 
the  University  and  Agricultural  and  Mechanical  College  to  make 


80  STATE   SCHOOLS. 

to  the  State  Superintendent  of  Public  Education,  on  or  before 
the  first  Monday  in  December  in  each  year,  and  evrry  year,  a 
report,  in  detail,  showing  the  progress  and  condition  of  the 
university,  the  names  of  the  professors  and  students,  the  nature, 
costs  and  results  of  all  important  investigations  and  experiments, 
and  such  other  matters,  including  industrial,  economical  philo- 
sophical, and  educational  statistics  as  he  shall  deem  useful. 

SEC.  190.  [Further  Powers  of  the  President  of  the  University.  | 
The  president  of  the  University  and  Agricultural  and  Me 
chanical  College  shall  be  specially  charged  with  the  discipline 
of  the  University  and  Agricultural  and  Mechanical  College,  and 
be  held  directly  responsible  for  the  good  order  of  the  establish- 
ment, and  especially  for  the  conduct  and  behavior  of  the  students 
or  cadets.  And  it  is  hereby  declared  not  to  be  the  intent  of  this 
act  to  devolve  in  any  way^upon  the  professors,  as  such,  or  upon 
the  faculty  of  professors,  the  maintenance  of  good  order  and 
discipline  among  the  students  or  cadets,  or  to  hold  them  respon- 
sible for  the  conduct  or  behavior  of  the  cadets  or  students  out- 
side their  class  or  lecture  rooms  and  during  the  time  of  recitation, 
or  study,  or  lecture  j  and  it  is  particularly  enjoined  upon  the 
board  of  supervisors  to  delegate  to  the  president  of  the  Uni- 
versity and  Agricultural  and  Mechanical  College,  and  through 
him,  to  such  assistant  disciplinarians  as  may  be  assigned  him 
/rom  among  the  professors  and  assistant  professors,  sufficient 
authority  to  enable  him  to  maintain  proper  discipline  and  good 
order,  and  to  meet  promptly  and  efficiently  the  great  responsi- 
bility hereby  imposed  on  him.  No  student  or  cadet  shall  ever 
be  tried  by  the  faculty  of  professors,  or  by  any  committee  oi 
protessors,  for  any  breach  of  discipline  or  other  misconduct. 
But  no  provision  of  this  section,  or  this  act,  shall  be  con- 
strued as  militating  against  a  proper  subordination  of  pro- 
fessors or  other  officers  to  the  president  of  the  University 
and  Agricultural  and  Mechanical  College,  and  the  neces- 
sity of  obeying  all  the  rules  and  orders  which  he  may  im- 
pose on  them  in  virtue  of  the  provisions  of  this  act,  and  of 
the  rightful  authority  delegated  to  him  by  the  board  of  super- 


; 

^trtttVERsrrs 

^^CAUFSS***  STATE   SCHOOLS.  81 

•visors,  as  hereby  enjoined  upon  the  board ;  and  the  president  of 
the  University  and  Agricultural  and  Mechanical  College  shall 
have  the  power  to  assemble  the  faculty  or  any  committee  or  num 
ber  of  the  professors  at  any  time  he  may  see  fit,  for  consultation 
or  advice  or  other  action,  or  any  subject  matter  he  may  choose 
to  lay  before  them ;  provided  only,  that  in  all  matters  of  disci- 
pline and  relating  to  the  conduct  and  behavior  of  students  or 
cadets  the  president  alone,  and  not  the  faculty  or  any  professor, 
-shall  decide  and  act. 

SEC.  191.  [Grant,  Gift,  Devise,  and  Bequest  of  Property  to 
the  Institution.] — The  State  of  Louisiana,  in  its  corporate  capacity, 
may  take  by  grant,  gift,  devise,  or  bequest,  any  property  for  the 
use  of  the  Louisiana  State  University  and  Agricultural  and 
Mechanical  College,  and  hold  the  same,  and  apply  the  funds 
arising  therefrom,  through  the  board  of  supervisors,  for  the  sup- 
port of  said  institution  of  learning. 

SEC.  192.  [Board  May  Accept  Donations,  Etc.]— The  board 
of  supervisors,  in  its  corporate  capacity,  may  take  by  grant, 
gift,  devise  or  bequest,  any  property  tor  the  use  of  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College,  or 
any  school  thereof,  or  of  any  professorship,  chair,  or  scholarship 
therein,  or  for  the  library,  museum,  observatory,  workshops, 
experimental  farm,  apparatus,  cabinet,  or  for  any  purpose  appro- 
priate to  the  University  and  Agricultural]  and  Mechanical  Col- 
lege; and  such  property  shall  be  taken,  received,  held,  man- 
aged, and  invested,  and  the  proceeds  thereof  used,  bestowed 
and  applied  by  the  said  board  of  supervisors,  for  the  purposes, 
provisions  and  conditions  prescribed  by  the  respective  grant, 
gift,  devise  or  bequest,  and  in  accordance  with  the  provisions  of 
sections  174,  180  and  186. 

SEC.  193.  [Investment  of  Permanent  Funds.] — The  board  of 
supervisors  may  invest  any  of  the  permanent  funds  of  the  Lou- 
isiana State  University  and  Agricultural  and  Mechanical  College 
tvhicli  are  now,  or  may  hereafter  be,  in  its  custody,  in  productive, 
unincumbered  real  estate  in  this  State,  subject  to  the  power  of 

6 


82  STATE   SCHOOLS. 

the  Legislature  to  control  or  change  such  investments,  excepting 
such  as  by  the  provisions  of  previous  sections  of  this  act,  or  by 
the  terms  of  their  acquisition,  must  be  otherwise  invested. 

SEC.  194.  [Construction  to  be  Placed  Upon  Donations. ]— If 
by  the  terms  of  any  grant,  gift,  devise  or  bequest,  such  as  are 
hereinbefore  described  in  sections  191  and  192,  conditions  are 
imposed  which  are  impracticable  under  the  provisions  of  the 
Revised  Statutes  of  this  State,  such  grants,  giits,  devise,  or 
bequest  shall  not  thereby  fail,  but  such  conditions  shall  be 
rejected  and  the  intent  of  the  donor  carried  out  as  near  as  may 
be. 

SEC.  195.  [Instruction  in  Military  Science.] — In  the  course 
of  study  pursued  at  the  University,  the  board  of  supervisors 
shall  cause  instruction  to  be  given  in  the  military  branches  of 
science.  The  students  shall  be  styled  cadets,  and  shall  form  a 
military  corps,  under  the  command  of  the  president  and  such 
other  professors  as  may  be  assigned  to  that  branch  of  instruction. 
They  shall  constitute  a  guard  for  all  public  property,  arms,  or 
munitions  now  there  or  which  may  hereafter  be  assembled  there; 
and  the  president  shall  receipt  for  all  such  property,  arms  or 
munitions,  and  shall  obey  all  orders  relative  to  their  preserva- 
tion or  delivery  that  he  may  receive  from  the  Governor  of  the 
State. 

SEC.  190.  [Governor  to  Issue  Commissions  to  Professors.]— 
The  Governor  of  the  State  shall  cause  to  be  issued  to  the  presi- 
dent of  the  Louisiana  State  University  a  commission  as  colonel, 
and  to  such  other  professors  as  may  be  assigned  to  command 
commissions  as  majors,  captains  and  lieutenants,  according  to 
the  strength  of  the  command ;  provided,  that  such  commissions 
shall  not  entitle  the  holders  to  any  rank  in  the  militia  of  the 
State,  or  to  any  claim  whatever  to  compensation  other  than  that 
attached  to  their  positions  as  professors. 

SEC.  197.  [Expenses  of  the  Supervisors.] — The  reasonable 
expenses  of  the  supervisors,  in  going  to,  and  attending,  the 
meetings  of  the  board,  shall  be  paid  by  the  State ;  and  it  shall 


STATE  SCHOOLS.  83 

be  the  duty  of  the  board  of  directors  to  set  forth  in  their  annual 
report  the  amount  of  such  expenses,  which  amount  shall  be  paid 
by  the  State  Treasurer,  on  the  warrant  of  the  Auditor,  who  shall 
issue  the  said  warrant  upon  the  certificate  of  the  president  or 
vice-president  of  the  said  board ;  provided,  however,  that  the 
said  amount  does  not  exceed  $250  in  any  one  year. 

SEC.  19S.  [Nautical  Instruction.] — The  board  of  administra- 
tors of  the  University  of  Louisiana,  at  New  Orleans,  and  the 
board  of  supervisors  of  the  Louisiana  State  University  and 
Agricultural  and  Mechanical  College,  at  Baton  Rouge,  be  and 
are  hereby  authorized  to  establish  chairs  of  nautical  education 
at  said  institutions,  under  the  provisions  of  acts  of  Congress  on 
the  subject  of  nautical  education  in  the  several  ports  of  the  Union. 

SEC.  199.  [Governor  Instructed  to  Apply  to  the  Government 
for  Training  Ships,  Etc.] — The  Governor  of  the  State  of  Louisiana 
is  hereby  instructed  to  apply  to  the  Secretary  of  the  Navy  for  the 
suitable  vessels,  apparel,  charts,  books,  instruments  of  naviga- 
tion, etc.,  for  that  purpose  immediately  upon  the  establishment 
of  said  chairs  in  said  universities. 

SEC.  200.  [Beneficiary  Cadets.] — Each  parish,  as  now  created 
or  that  may  hereafter  be  created  in  the  State,  shall  have  the 
right  to  delegate  to  the  Louisiana  State  University  and  Agricul- 
tural arid  Mechanical  College  one  beneficiary  cadeb,  and  the  city 
of  New  Orleans  shall  have  the  right  to  delegate  to  said  institu- 
tion seventeen  beneficiary  cadets ;  or  one  from  each  ward  of  said 
city,  said  beneficiaries  to  remain  at  said  institution  four  years, 
unless  sooner  graduated  or  otherwise  discharged  j  provided,  that 
no  beneficiary  cadet  shall  be  permitted  to  resign  from  said  insti- 
tution, without  the  consent  of  the  board  of  supervisors  thereof, 
which  consent  shall  be  given  only  in  a  case  of  urgent  necessity, 
such  as  serious  and  long  protracted  ill  health,  duly  declared  by 
the  certificate  of  the  surgeon  of  said  institution,  or  other  compe- 
tent physician,  be  of  such  a  nature  as  to  render  it  impossible  for 
said  cadet  to  pursue  his  studies  with  advantage. 

SEC.  201.  [Police  Juries  and  City  Council  to  Elect  Bene- 
ficiaries.]— The  police  jury  of  each  parish  and  the  city  conn- 


84  STATE   SCHOOLS. 

cil  of  New  Orleans,  respectively,  may,  at  a  regular  meeting,  elect 
the  number  of  beneficiary  cadets  to  which  said  parish  or  city  is 
entitled  as  aforesaid,  of  such  age  and  qualifications  as  may  be 
prescribed  by  the  board  of  supervisors  for  admission  to  the  col- 
lege classes  of  said  University  and  Agricultural  and  Mechanical 
College ;  and  shall  cause  the  beneficiary  so  selected  to  report  in 
person  at  said  institution  on  or  before  said  5th  day  of  October; 
provided,  that  said  beneficiary  cadets  shall  be  selected  from  the 
number  of  those  residents  of  said  parish  or  of  said  city,  who  have 
not  themselves,  nor  have  their  parents,  the  means  of  defraying 
the  whole  of  their  necessary  expenses  of  maintenance  and  sup- 
port at  said  institution,  which  facts  shall  be  duly  certified  to  the 
president  of  said  institution,  by  the  president  of  said  police  jury, 
or  said  city  council  of  New  Orleans,  as  true,  to  the  best  of  his 
knowledge  and  belief. 

SEC.  202.  [Authority  of  the  Police  Juries  and  City  Council 
of  New  Orleans  to  Appropriate  Funds  for  Beneficiaries.] — For 
maintenance  and  board  of  said  beneficiaries  in  said  institution, 
the  police  juries  of  the  several  parishes  and  the  city  council  of 
the  city  of  New  Orleans,  be  and  are  hereby  authorized  and 
empowered  to  appropriate  out  of  their  respective  treasuries,  a 
sufficient  sum  to  defray  the  necessary  expenses  of  said  cadets  as 
appointed  under  the  provisions  of  this  act  5  provided,  that  the 
expense  of  no  cadet  shall  exceed  two  hundred  and  fifty  dollars 
($250)  per  annum ;  provided,  that  under  no  circumstances  shall 
any  part  of  this  sum  be  paid  by  the  State. 

SEC.  203.  [Conditions  to  the  Benefit  of  Scholarships.] — In 
order  to  take  advantage  of  the  right  granted  to  each  parish  and 
to  the  city  of  New  Orleans,  in  section  200  of  this  act,  each  parish 
and  city  shall  make  an  appropriation  of  $150  per  annum  out  of 
any  money  in  its  treasury  for  the  maintenance  and  board  in  said 
institution  of  each  beneficiary  cadet  delegated  by  said  parish  or 
said  city,  said  sum  to  be  paid  to  the  treasurer  of  such  institution 
before  the  admission  of  said  cadet ;  and  the  power  to  make  such 
appropriation  is  hereby  granted  to  the  police  juries  of  the  several 
parishes  and  to  the  city  council  of  New  Orleans. 


STATE  SCHOOLS.  85 

INSTITUTION  FOR  THE  BLIND. 

SEC.  204.  [Establishment  of  the  Institution  at  Baton  Rouge.] — 
An  institution  for  the  instruction  of  the  blind  exclusively  be  and 
the  same  is  hereby  established  at  the  city  of  Baton  Kouge,  in 
this  State. 

SEC.  205.  [Applicants— On  What  Terms  Admitted.]— All  blind 
persons,  residents  of  this  State,  of  sound  mind  and  good  moral 
character,  shall  be  entitled  to  admission  into  said  institu- 
tion as  pupils,  and  shall  be  provided  with  instruction,  board, 
lodging,  medicine  and  medical  attendance  at  the  expense  of  the 
institution,  and  all  those  whose  indigent  circumstances  shall  be 
shown  by  the  certificate  of  any  member  of  the  police  jury  of  the 
parish,  or  by  the  mayor  of  the  town  or  city  where  they  reside, 
and  such  only,  shall  be  furnished  with  clothing  at  the  expense 
of  the  institution. 

SEC.  200.  [Organization  of  the  Institution  and  Instruction.] — 
The  institution  shall  be  thoroughly  organized  in  its  academic, 
musical,  and  mechanical  departments,  and  every  pupil  shall 
receive  such  instruction  as  it  can  afford  and  the  capacity  of  the 
pupil  will  permit.  All  persons  admitted  as  pupils,  between  the 
ages  of  eight  and  fourteen  years,  may  continue  in  the  institution 
nine  years ;  all  admitted  between  the  ages  of  fourteen  and  seven- 
teen years,  may  continue  six  years,  and  all  admitted  at  an  age 
exceeding  seventeen  years  may  continue  four  years  as  pupils. 

SEC.  207.  [General  Control.] — The  general  control  of  said 
institution  shall  be  vested  in  a  board  of  trustees,  to  be  composed 
of  the  Governor  of  the  State,  who  shall  be  ex-officio  president  of 
the  board,  the  principal  of  the  institution,  and  five  members  to 
be  appointed  for  the  term  of  four  years  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate.  Said  board  is  hereby 
declared  a  body  politic  and  corporate  in  deed  and  in  law,  and 
shall  have  full  power  to  sue  and  be  sued,  and  to  make  con- 
tracts, and  to  acquire  and  hold  by  purchase  or  donation  any  real 
or  personal  estate  necessary  for  the  uses  of  said  institution.  The 
domicile  of  said  corporation  is  established  at  Baton  Eouge, 


86  STATE   SCHOOLS. 

and  the  vice-president  of  the  board  shall  be  the  officer  upon 
whom  all  legal  process  shall  be  served  to  bi:  d  said  board. 

SEC.  208.  [First  Meeting.]— The  first  meeting  of  the  board 
of  trustees  shall  be  held  at  such  a  time  and  place  as  may  be  fixed 
by  the  Governor,  and  they  shall  at  said  meeting  elect  a  principal 
for  the  institution,  a  vice-president  of  the  board,  a  treasurer  and 
such  other  officers  as  may  be  necessary  for  the  proper  organiza- 
tion and  management  of  the  institution. 

SEC.  209.  [Residence,  Salary  and  Duties  of  Principal.] — The 
principal  shall  have  the  charge  and  management  of  the  institu- 
tion ;  he  shall  reside  in  the  institution,  and  receive  such  salary 
and  perform  such  duties  as  may  be  determined  by  the  board. 

SEC.  210.  [Duties  of  the  Vice-President.] — The  vice-presi- 
dent shall  preside  at  the  meetings  of  the  board  in  the  absence  of 
the  president,  and  shall  exercise  a  general  supervision  over  the 
affairs  of  the  institution. 

SEC.  211.  [Treasurer.] — The  treasurer  shall  give  bond  in 
such  sum  as  the  board  of  trustees  may  determine,  with  security 
to  the  satisfaction  of  the  vice-president.  He  shall  receive  from 
the  State  Treasurer  the  appropriations  which  may  from  time  to 
time  be  made  by  the  Legislature  for  the  support  of  the  institution, 
upon  his  warrant,  countersigned  by  the  Governor.  He  shall  pay 
out  the  same  upon  the  order  of  the  principal  of  the  institution, 
countersigned  by  the  vice-president  of  the  board.  He  shall 
receive  such  salary  as  may  be  determined  by  the  board,  and  both 
he  and  the  principal  may  be  removed  at  their  pleasure. 

SEC.  212.  [By-Laws  and  Regulations.] — The  board  of  trus- 
tees shall  have  power  to  make  all  needful  rules  and  regulations 
for  the  government  of  said  institution  and  also  all  needful  rules 
and  regulations  for  the  government  of  the  industrial  home  for 
the  blind,  hereinafter  provided  for.  Three  members  of  the  board 
shall  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  213.  [Industrial  Home  for  the  Blind.]— There  shall  be 
attached  to  said  institution,  and  under  the  control  of  the  board 


STATE  SCHOOLS.  87 

of  trustees  thereof,  an  industrial  home,  in  which  shall  be  received 
blind  persons,  residents  of  the  State  of  Louisiana,  who  are  of 
sound  mind  and  good  moral  character.  The  inmates  of  this  home 
shall  be  provided  with  board  and  lodging,  and  furnished  with 
work  at  the  trade  or  trades  introduced  therein;  they  shall 
receive  wages  for  their  work,  and  be  required  to  pay  for  their 
support.  Any  properly  qualified  person  desiring  admission  into 
the  home,  who  has  not  learned  any  trade  wrought  at  therein,  may 
be  admitted  and  receive  support  and  instruction  in  some  trade 
for  one  year.  If,  at  the  end  of  that  time,  it  shall  appear  that 
such  person  is  unable  or  unwilling  to  learn  a  trade,  he  shall  not 
be  entitled  to  longer  residence  in  the  home,  the  true  intent  and 
purpose  of  this  act  being  to  provide  a  shop  and  residence  for 
industrious  blind  persons,  and  to  furnish  them  an  opportunity  to 
escape  pauperism  and  mendicancy,  and  not  to  establish  an  alms- 
house. 

SEC.  214.  [Expenses  of  the  Board  of  Trustees.] — The  expenses 
of  the  board  of  trustees,  incurred  in  attending  the  meetings  of 
the  board,  shall  be  paid  out  of  the  funds  of  the  institution. 

SEC.  215.  [Admission  Regardless  of  Race.] — Ko  part  of  this 
act  shall  be  construed  so  as  to  deprive  any  person  on  account  of 
race  or  color  of  the  privilege  of  admittance  into  the  institution. 

INSTITUTION  FOR  THE  DEAF  AND  DUMB. 

SEC.  210.  [Institution  for  the  Exclusive  Use  of  the  Deaf  and 
Dumb.] — The  institution  heretofore  known  as  the  Louisiana  Insti- 
tution for  the  Deaf  and  Dumb  and  the  Blind,  located  at  Baton 
Eouge,  in  this  State,  be  and  the  same  is  hereby  reorganized  by 
the  provisions  of  this  act  for  the  exclusive  benefit  of  the  deaf  and 
dumb. 

SEC.  217.  [Admission  of  Pupils.] — All  the  deaf  and  dumb 
residents  of  this  State  of  sound  mind  and  proper  health  of  body, 
and  between  the  ages  of  eight  and  twenty-five,  shall  be  admitted 
to  said  institution  as  pupils,  and  be  provided  with  instruction, 
l>oard,  lodging,  medicine,  and  medical  attendance  at  the  expense 


38  STATE   SCHOOLS. 

of  the  institution  and  all  those  in  such  indigent  circumstances  as- 
shall  appear  by  the  certificate  of  any  member  of  the  police  jury 
of  the  parish,  or  the  mayor  of  the  city  where  they  reside,  to 
render  such  aid  necessary,  shall  also  be  furnished  with  clothing 
and  traveling  expenses  to  and  from  the  institutions. 

SEC.  218.  [Literary  and  Mechanical  Education.]— The  insti- 
tution shall  afford  all  requisite  facilities  for  providing  a  good 
literary  education  and  a  mechanical  department  in  which  instruc- 
tion shall  be  given  in  such  trades  as  may  be  best  suited  to  render 
the  pupils  self-sustaining  citizens. 

SEC.  219.  [Control— In  Whom  Vested.]— The  general  con- 
trol or  said  institution  shall  be  vested  in  a  board  of  trustees,  to 
be  composed  of  the  Governor  of  the  State,  who  shall  be  ex-officio 
president  of  the  board,  the  superintendent  of  the  institution,  and 
five  members,  to  be  appointed  by  the  Governor,  by  and  with  the 
advice  and  consent  of  the  Senate.  Said  board  is  hereby  declared 
to  be  a  body  politic  and  corporate  in  deed  and  in  law,  and  shall 
have  full  power  to  sue  and  be  sued,  to  make  contracts,  and  to 
acquire  and  hold,  by  purchase  or  donation,  any  real  or  personal 
estate,  as  may  be  necessary  for  the  uses  of  said  institution. 
The  domicile  of  said  corporation  is  established  at  Baton  Eouge, 
and  the  vice-president  of  the  board  shall  be  the  officer  upon 
whom  all  legal  process  shall  be  served  to  bind  said  board. 

SEC.  220.  [Officers.]— The  first  meeting  of  the  board  of  trus- 
tees shall  be  held  at  such  time  and  place  as  may  be  fixed  by  the 
Governor,  and  they  shall,  at  said  meeting,  elect  a  superintendent 
for  the  institution,  a  vice-president  of  the  board,  a  treasurer,  and 
such  other  officers  as  may  be  necessary  for  the  proper  organiza- 
tion and  management  of  the  institution. 

SEC.  221.  [Duties  of  the  Superintendent]  —  The  superin- 
tendent shall  have  charge  and  management  of  the  institution ;  he 
shall  reside  in  the  institution,  and  receive  such  salary  and  per- 
form such  duties  as  may  be  determined  by  the  board. 

SEC.  222.  [Duties  of  the  Treasurer.]— The  treasurer  shall 
give  bond  in  such  sum  as  the  board  of  trustees  may  determine., 


STATE   SCHOOLS.  89 

with  security  to  the  satisfaction  of  the  vice-president.  He  shall 
receive  from  the  State  Treasurer  the  appropriation  made  from 
time  to  time  by  the  Legislature  for  the  support  of  the  institution y 
upon  his  warrant,  countersigned  by  the  Governor.  He  shall  pay 
out  the  same  upon  the  order  of  the  superintendent  of  the  institu- 
tion, countersigned  by  the  vice-president.  He  shall  receive  such 
salary  as  may  be  determined  by  the  board,  aad  both  he  and  the 
superintendent  may  be  removed  by  the  board  for  any  good  cause. 

SEC.  223.  [Quorum  and  Rules  of  the  Board.] — The  board  of 
trustees  shall  have  the  power  to  make  all  needful  rules  and  regu- 
lations for  the  government  of  said  institution,  and  three  members 
shall  constitute  a  quorum  for  the  transaction  of  business.  In  the 
absence  of  the  president  the  vice-president  shall  act  as  president 
of  the  board. 

SEC.  224.  [Expenses  of  Trustees— How  Paid.]— The  expenses 
of  the  members  of  the  board  of  trustees,  incurred  in  attending 
the  meetings  of  the  board,  shall  be  paid  out  of  the  funds  of  the 
institution. 

THE  SOUTHERN  UNIVERSITY. 
(For  Persons  of  Color.} 

SEC.  225.  [Establishment.] — There  shall  be  established  in, 
the  city  of  New  Orleans  a  university  for  the  education  of  persons 
of  color,  to  be  named  and  entitled  the  "  Southern  University." 

SEC.  226.  [Board  of  Trustees.]— The  said  university  shall 
be  governed  and  directed  by  a  board  of  trustees,  to  be  composed 
of  twelve  members,  who  shall  be  appointed  by  the  Governor  by 
and  with  the  advice  and  consent  of  the  Senate;  provided,  that 
at  least  four  of  said  board  of  twelve  shall  be  appointed  from  the 
colored  race ;  vacancies  shall  be  filled  in  a  similar  manner.  The 
members  of  the  board  shall  be  appointed  to  serve  during  four 
years,  but  any  member  failing  to  attend  two  successive  regular 
meetings  of  the  board  shall,  except  in  case  of  sickness  or  other 
good  cause,  be  considered  no  longer  a  member  of  said  board,  and 
the  Governor,  on  receiving  official  notice  of  such  absence  from 


90  STATE   SCHOOLS. 

the  president  of  the  board,  whose  duty  it  shall  be  to  report  the 
same,  shall  immediately  fill  the  vacancy  in  the  manner  prescribed. 

SEC.  227.  [Quorum.] — Six  members  of  said  board,  at  a  stated 
or  regularly  called  session,  shall  constitute  a  quorum. 

SEC.  228.  [Officers  of  the  Board— How  Elected,  Duties,]— 
The  said  board  of  trustees  shall  be  empowered  to  elect  from 
.among  their  own  members  a  president  and  vice-president  of 
the  board,  a  secretary  and  treasurer  5  the  treasurer  shall  give 
bond  in  the  sum  of  ten  thousand  dollars  for  the  faithful  perform- 
ance of  his  duties,  and  shall  pay  out  money  only  upon  warrants 
issued  by  the  president  of  the  board,  countersigned  by  the  presi- 
dent of  the  faculty ;  provided,  that  the  treasurer  shall  not  be  a 
professor  or  other  officer  or  employe  of  the  university,  and  shall 
not  be  interested,  directly  or  indirectly,  in  any  contract  for  fur- 
nishing supplies  or  articles  of  any  kind  to  the  university ;  pro- 
vided further,  that  at  the  discretion  of  the  board  the  two  offices 
of  secretary  and  treasurer  may  be  combined  in  one  person. 

SEC.  229.  [Rules  and  Regulations ;  Faculty.] — The  said  board 
of  trustees  shall  be  empowered  to  enact  general  rules  and  by-laws 
for  the  said  university  in  all  its  departments,  and  to  elect  a 
president  of  the  faculty,  professors  and  teachers,  and  determine 
their  compensation ;  also,  all  officers  and  employes  that  may  be 
necessary,  and  prescribe  their  duties  and  compensation. 

SEC.  230.  [Powers  of  the  Board  of  Trustees.] — The  said  de- 
partment shall  be  organized  as  a  corporation  under  the  general 
laws  of  the  State  of  Louisiana,  and  the  trustees  thereof  shall  be 
capable  in  law  to  receive  all  donations,  trusts  and  bequests  made 
to  the  "  Southern  University,"  and  manage  the  same,  to  sue  and 
be  sued  in  courts  of  justice,  and  to  do  all  other  acts  in  the  prem- 
ises incident  to  such  trustees. 

SEC.  231.  [Faculty,  Degrees,  Departments,  and  Courses.]— 
There  shall  be  established  by  said  board  of  trustees  a  faculty  of 
arts  and  letters,  which  .shall  be  competent  to  instruct  in  every 
branch  of  a  liberal  education,  and  under  rules  of,  and  in  concur- 
rence with,  the  board  of  trustees,  to  graduate  students  and  grant 


STATE   SCHOOLS.  91 

all  degrees  appertaining  to  letters  and  arts  known  to  universities 
and  colleges  in  Europe  and  America,  on  persons  competent  and 
deserving  the  same. 

There  may  also  be  established  by  said  board  of  trustees  a 
department  of  law  and  medicine.  The  department  of  law  shall 
consist  of  three  (3)  or  more  learned  professors,  learned  and 
skilled  in  the  practice  of  law  in  this  State,  who  shall  be  required 
to  a  full  course  of  lectures  on  international,  constitutional,  com- 
mercial and  municipal  or  civil  law  and  instruction  in  the  practice 
thereof.  The  medical  department  of  the  university  shall  consist 
of  not  less  than  three  professors.  They  shall  be  appointed  by 
the  board  of  trustees  from  regular  practicing  physicians  of  the 
State.  The  degree  of  bachelor  of  law  and  doctor  of  medicine, 
granted  by  them,  shall  authorize  the  person  upon  whom  it  is 
conferred  to  practice  physic  and  surgery  in  this  State. 

IX.   TULANE  UNIVERSITY  OF  LOUISIANA. 
Act  No.  43  0/1884  and  Amendment  to  the  Constitution. 


232.  (1)  Board  of  Administrators. 

233.  (2)  Rights,   powers,   privileges, 

franchises    and   immunities  of 


Laws  Governing  the  "University  of  Lou- 
isiana''  Applicable  to  the  Tulane 
University  of  Louisiana. 


the  board.  239.  [£  1352,  R.  &]—  Corporate  pow- 

234.  (3)  Power  to  hold  an  down  prop-  ers  of  the  board  of  administra- 

erty,  real  and  personal.  tors. 

235.  (4)  Name  of  the  university  to  be  m  ^    1358  ^ /8f.]_Department8  of 

the  Tulane  University  of  Lou-  ^  Univerait 

isiana  of  Louisiana — its  pow- 

ers,  privileges,  immunities  and  241«  t1354'    B-    S.]-Powers   of   the 

franchises.  board  of  administrators. 


236.  (5)  Exemption  from  taxation. 

237.  (6)  Transfer  of  rights,   powers, 

etc.,   from    the    University  of 
Louisiana  to  the  Administra- 


242.  [_S.  1358,   E.   £.]—  By-laws    and 

regulations. 

243.  [S.  1359,  R.  S.~\—  Literary  honors 

and  degrees. 


tors  of  the  Tulane  Education  i  244.  \_S     1368,    B.    S.]—  Transfer    of 
Fund;  Scholarships  property. 

238.  (7)  The  act  declared  to  be  a  con-  |  245.  [S.   1369,   R.   S.]—  Law  depart- 
tract    between  the   State  and  ment. 


the  Administrators  of  the  Tu- 
lane Education  Fund. 


246.  IS.  1370,  R.  S.-}— Medical  depart- 


ment. 


02  .  STATE  SCHOOLS. 

TULANE  UNIVEKSITY.* 
Amendment  to  the  Constitution. 

SEC.  232.  [Board  of  Administrators.]— The  board  of  admin- 
istrators of  the  University  of  Louisiana  shall  hereafter,  instead  of 
the  board  appointed  as  provided  by  section  thirteen  hundred  and 
fifty-one  (1351)  of  the  Revised  Statutes,  consist  of  the  seventeen 
administrators  of  the  "Tulane  Education  Fund,"  with  power, 
perpetually,  to  fill  any  vacancy  in  their  number;  provided,  that 
the  said  board  shall,  on  the  passage  of  this  statute,  recognize  by 
formal  notarial  act  the  Governor  of  the  State,  the  Superintendent 
of  Public  Education,  and  the  Mayor  oi  the  city  of  New  Orleansr 
as  ex-officio  members  of  said  board. 

SEC.  233.  [Rights,  Powers,  Franchises  and  Privileges  of  the 
Board.] — The  board  of  administrators  of  the  Tulane  Education 
Fund,  as  administrators  of  the  University  of  Louisiana  shall 
have  all  the  rights,  powers,  privileges,  franchises,  and  immuni- 
ties, now  vested  in  the  board  of  administrators  of  the  University 

*TULANE  UNIVERSITY. — The  University  is  not  introduced  into  this  compilation  in  the  sense 
of  a  completely  free  school,  yet  the  genei-iil  benefits  extended  by  its  scholarship  system,  its 
agreement  with  the  State  and  its  relation  to  the  'University  of  Louisiana"  place 'it  in  the 
catalogue  i.f  public  institutions 

The  school  was  founded  upon  an  endowment  of  the  late  Paul  Tulane,  and  was  established 
by  Act  No.  43  of  1884,  which  was  ratifimt  bv  a  constitutional  amendment  April  17th,  1888.  The 
following  preamble,  quoted  from  the  above  act,  will  explain  the  conditions  upon  which  the 
"University  of  Louisiana"  was  changed  into  the  Tulane  University: 

"  Whereas,  Paul  Tnl-me,  Esq.,  formerly  a  resident  of  this  State,  and  now  of  Princeton,  New 
Jersey,  with  the  beneficent  purpose  of  fostering  higher  education  in  thi-  State  dL  ,  in  May. 
1882,  express  to  certain  citizens  of  this  State  his  intention  to  donate  for  such  purposes  valuable 
real  estate  to  him  belonging,  situated  in  the  city  of  New  Or'eans;  and 

1  Whereas.  The  citizens  to  whom  the  intentions  of  Paul  Tulane  Esq.,  were  expressed,  did, 
by  act,  before  Chas.  G.  Andry,  a  notary  public  in  the  city  of  New  Orleans,  organize  them- 
selv.  s  into  a  coiporation  under  the  name  of  the  'Administrators  of  the  Tulane  Education 
Fund,'  with  the  objects  and  purposes  specified  in  saH  act  of  incorporation ;  and, 

"Whereaa,  Since  the  formation  of  said  corporation,  Paul  Tulane.  Esq.,  in  the  execution  of 
his  previously  expressed  intentions,  has  donated  to  said  administrators  of  the  'Tulane  Educa- 
tion Fund'  nearly  one  mil  ion  dollars,  the  revenues  whereof  are  to  be  used  for  the  promotion 
and  encouragement  of  inte  lectual  moral  and  industrial  education,  and  has  expressed  his 
intention  to  largely  in<  rease  said  donation  should  this  act  be  adopted  ;  and, 

"Whereas,  The  said  board  of  administrators  of  the  Tulane  Education  Fund,'  in  order  to- 
make  their  work  fruitful  in  results,  have  expressed  their  desire  to  take  charge  of  the  Univer- 
sity of  Louisiana,  in  the  city  of  New  Orleans,  and  to  devote  the  revenues  of  the  property  now- 
owned,  or  hereafter  to  be  owned,  by  said  board,  to  its  expansion  and  development;  and  upon 
the  adoption  of  a  constitutional  amendment  to  that  end,  to  apply  all  the  revenues  of  property 
now  owned,  or  hereafter  to  be  acquired  by  them  to  the  cieatiou  and  development  in  the  city 
of  New  Orleans  of  a  great  University,  whereby  the  blessings  of  higher  education,  intellectual, 
moral  and  industrial,  may  be  given  to  the  youth  of  this  State ;  and, 

"Whereas,  Under  the  terms  of  this  action,  as  proposed  by  said  board,  the  property  of  said 
board  and  the  revenues  thereof,  will  not  be  used  for  purposes  of  private  or  corporate  income  or 
profit,  but  will  be  exclusively  dedicated  to  school  r  urposes,  and  tj  the  service  f  the  State  in 
maintaining  and  developing  the  University  of  Louisiana,  an  institution  recognized  in  the  Con- 
stitution, therefore  entitling  the  property  of  said  board  to  exemption  from  all  taxation  both 
State,  parochial  and  municipal ;  therefore, 

"Be  it  enacted,''  ect. 


STATE  SCHOOLS.  93 

of  Louisiana  by  existing  laws.  They  shall  further  have  full 
direction,  control,  and  administration  of  the  University  of  Lou- 
isiana, now  established  in  the  city  of  New  Orleans,  in  all  its 
departments,  as  also  of  all  the  property  belonging  to  the  State 
of  Louisiana,  and  now  dedicated  to  or  used  by  the  University  of 
Louisiann,  as  well  as  all  property  controlled  or  used  by  the  said 
University  of  Louisiana,  and  for  the  purposes  thereof,  and  the 
"board  of  administrators  of  the  University  of  Louisiana  are  hereby 
empowered  and  directed  to  turn  over  to  the  board  of  adminis- 
trators of  the  "  Tulane  Education  Fund"  all  the  property,  rights, 
books,  papers  and  archives  now  under  their  administration  or 
•control ;  provided,  that  if  the  custody  of  the  State  library  should 
be  transferred  to  the  Tulane  University  of  Louisiana,  as  herein 
established  by  the  consolidation  of  the  University  of  Louisiana 
at  New  Orleans  with  the  board  of  administrators  of  the  "  Tulane 
Education  Fund,"  as  herein  provided  for,  through  the  University 
of  Louisiana,  at  New  Orleans,  as  it  now  exists,  or  otherwise,  it 
shall  be  on  the  express  condition  and  agreement  that  the  State 
of  Louisiana  may  resume  the  custody  and  control  of  said  State 
library,  whenever  it  may  bt  deemed  advisable;  and  provided 
further,  that  after  the  establishment  of  the  "Tulane  University 
of  Louisiana,"  as  herein  provided  for,  and  after  the  transfer  of 
the  custody  of  the  State  library  thereto,  as  aforesaid,  if  the  cus- 
tody thereof  shall  be  transferred  to  the  "  Tulane  University  of 
Louisiana,"  as  herein  established,  then  and  in  that  event,  the 
State  of  Louisiana  shall  be  relieved  of  and  released  from  all 
obligations  to  pay  the  salary  or  the  compensation  of  the  State 
librarian  or  his  assistants,  as  is  now  or  may  hereafter  be 
fixed  by  law,  during  the  period  said  State  library  may  remain 
in  the  custody  of  the  said  "Tulane  University  of  Louisiana ;"  but 
that  during  sai  f  period  the  salary  or  compensation  of  said  State 
librarian  shall  be  paid  by  the  "Tulane  University  of  Louisiana.77 
An  inventory  shall  be  made  of  all  the  property,  movable  and 
immovable,  belonging  to  the  University  of  Louisiana,  and  trans- 
ferred by  this  act  to  the  control  and  administration  of  the  admin- 
istrators of  the  "  Tulane  Education  Fund,"  by  two  appraisers  to 


94  STATE  SCHOOLS. 

be  appointed  for  that  purpose  by  the  Governor  of  the  State  and 
sworn,  which  appraisement  shall  be  filed  in  the  office  of  the  Secre- 
tary of  State,  as  evidencing  the  description  and  appraised  value 
of  the  property  so  transferred,  and  also  in  order  that  the  liability 
of  the  said  administrators  of  the  "  Tulane  Education  F.und  "  may 
not  be  extended  beyond  a  return  of  the  property  so  transferred,, 
in  any  contingency ;  provided  further,  that  the  property,  so  trans- 
ferred, may  not  be  sold  or  disposed  of  except  under  legislative 
sanction  ;  provided  further,  that  if  the  "Tulane  University  of  Lou- 
isiana" as  herein  established,  should  cease  to  use  the  property, 
and  exercise  the  privileges,  franchises  and  immunities,  now  under 
the  control  and  administration  of,  and  enjoyed  by  the  University 
of  Louisiana,  as  now  constituted  and  transferred  by  this  act,  for 
the  exclusive  purposes  intended  by  this  act,  then  and  in  that 
event  the  State  of  Louisiana  shall  have  the  right  to  resume  the 
custody,  control,  and  administration  of  said  property,  and  the 
exercise  of  said  privileges,  franchises  and  immunities. 

SEC.  234.  [Power  to  Own  Property,  Real  and  Personal.]— 
The  said  board  of  administrators  of  the  "Tuiaue  Education 
Fund  " — shall  perpetually  as  administrators  of  the  University  of 
Louisiana  as  abo^e  provided,  have  full  and  complete  control  of 
all  the  property  and  rights,  and  now  vested  in  the  University  of 
Louisiana.  The  said  board  shall  have  the  powers  above  pro- 
vided in  addition  to  those  conferred  by  its  charter,  by  act  passed 
betore  Chas.  G.  Andry,  notary  public,  in  the  city  of  New  Orleans, 
on  the  29th  day  of  May,  A.  D.,  1882,  including  the  power  to  hold 
and  own  all  real  and  personal  property,  now  to  said  board 
belonging,  or  hereafter  to  be  by  it  acquired,  during  its  corporate 
existence,  for  the  purposes  and  objects  of  its  being,  or  the  reve- 
nues whereof  are  to.  be  solely  applicable  to  such  purposes. 

SEC.  135.  [Name:  the  Tulane  University  of  Louisiana.]— In 
honor  of  Paul  Tulane  and  in  recognition  of  his  beneficent  gifts 
and  of  their  dedication  of  their  purposes  expressed  in  this 
act,  the  name  of  the  University  of  Louisiana  be,  and  the  same  is 
hereby  changed  to  that  of  the  u  Tulane  University  of  Louisiana,"" 


STATE   SCHOOLS.  95 

under  which  name  it  shall  possess  all  the  powers,  privileges, 
immunities  and  franchises,  now  vested  in  said  University  of 
Louisiana,  as  well  as  such  powers  as  may  flow  from  this  act  or 
may  be  vested  in  said  board,  under  the  term  of  this  act,  from 
the  adoption  of  the  constitutional  amendment  hereafter  referred 
to.  The  purpose  of  this  act,  being,  to  invest  the  board  of  admin- 
istrators of  the  "Tulane  Education  Fund"  with  all  the  rights 
now  vested  m  the  University  of  Louisiana ;  to  give  said  board 
moreover  complete  control  of  said  university  in  all  its  depart- 
ments, and  in  evrry  respect,  with  all  powers  necessary  or  inci- 
dental to  the  exercise  of  said  control.  To  enable  said  board, 
besides  the  powers  designated  by  this  act,  to  have  irrevocably 
upon  the  adoption  of  said  constitutional  amendment,  full  power 
with  the  rights  hereby  conferred  to  create  and  develop  a  great 
university  in  the  city  of  New  Orleans  to  be  named  as  aforesaid  j 
said  university  to  be  established  by  the  said  board  of  adminis- 
trators of  the  "Tulane  Education  Fund,"  to  be  dedicated  to  the 
intellectual,  moral  and  industrial  education  of  the  youth  of  the 
State,  in  accordance  with  the  charter  of  said  board  of  adminis- 
trators of  the  Tulane  Education  Fund. 

SEC.  236.  [Exemption  from  Taxation.] — in  consideration  of 
the  agreement  of  said  board  to  develop  and  maintain  the  Uiii- 
sity  of  Louisiana,  and  thereby  dedicate  its  revenues  not  to 
purposes  of  private  or  corporate  income  or  profit,  but  to 
the  public  purposes  of  developing  and  maintaining  the  Uni- 
versity of  Louisiana,  all  the  property  of  the  said  board, 
present  and  future,  be  and  the  same  is  hereby  recognized 
as  exempt  from  all  taxation,  State,  parochial  and  munici- 
pal; this  exemption  to  remain  in  force  as  long  as  the  reve- 
nues of  the  said  board  are  directed  to  the  maintenance  of 
the  University  of  Louisiana,  as  aforesaid,  or  until  said  consti- 
tutional amendment  be  adopted.  The  adoption  of  said  amend- 
ment shall  operate  such  exemption  in  consideration  of  the  said 
board  expending  their  revenues  as  aforesaid,  or  creating,  main- 
taining and-  developing  a  great  university  in  the  city  of  New 
Orleans;  provided,  that  the  property  exempted  from  taxation 


96  STATE   SCHOOLS. 

by  this  act  shall  not  exceed  in  value  ftve  millions  of  dollars, 
invested  in  real  estate  not  otherwise  exempted,  which  said  value 
shall  be  determined  in  the  mode  required  by  law  for  the  assess- 
ment and  valuation  of  property  subject  to  taxation,  it  being  the 
true  meaning  and  intent  hereof,  that  all  the  property  of  the 
Tulaiie  University  of  Louisiana,  of  whatsoever  character,  shall 
be  exempted  from  taxation,  State,  parochial  and  municipal, 
except  the  excess  of  real  estate  belonging  thereto,  over  and 
above  the  value  of  five  million  dollars,  as  above  stated. 

SEC  237.  [Scholarships  to  be  Granted.] — In  consideration 
of  the  vesting  of  the  administration  of  the  University  of  Lou- 
isiana "in  the  said  administrators  of  the  "Tulane  Education 
Fund,"  of  the  transfer  of  the  rights,  posvers,  privileges,  fran- 
chises and  immunities  of  the  said  university  to  said  administra- 
tors and  of  the  exemption  from  all  taxation  as  herein  above  pro- 
vided, the  said  administrators  hereby  agree  and  bind  themselves, 
with  the  revenues  and  income  of  the  property  heretofore  given 
them  by  Paul  Tulane,  Esq.,  as  well  as  from  the  revenues  of  all 
other  property,  real,  personal,  or  mixed,'  hereafter  to  be  held, 
owned  or  controlled  by  them,  for  the  purposes  of  education,  to 
develop,  foster,  and  maintain,  to  t  e  best  of  their  ability  and 
judgment,  the  University  of  Louisiana,  hereafter  to  be  known  as 
the  "  Tulane  University  of  Louisiana,"  and  upon  the  adoption 
of  the  constitutional  amendment  aforesaid,  to  perpetually  use 
the  powers  conferred  by  this  act,  and  all  power  vested  in  them, 
for  the  purpose  of  creating  and  maintaining  in  the  city  of  New 
Orleans  a  great  university,  devoted  to  the  intellectual,  moral 
and  industrial  education  and  advancement  of  the  youth  of  this 
State,  under  the  terms  of  the  donation  of  Paul  Tulane,  and  the 
previous  provisions  of  this  act.  The  said  board  further  agree 
and  bind  themselves  to  waive  all  legal  claim  upon  the  State  of 
Louisiana  for  any  appropriation,  as  provided  in  the  Constitution 
of  this  State,  in  favor  ot  the  University  ot  Louisiana.  Besides 
the  waiver  of  the  claim,  as  aforesaid,  as  an  additional  considera- 
tion between  the  parties  of  this  act.  the  said  board  agrees  to  give 
continuously,  in  the  academic  department,  free  tuition  to  one 


STATE   SCHOOLS.  97 

student  from  each  senatorial  and  from  each  representative  dis- 
trict or  parish,  to  be  nominated  by  its  member  in  the  General  As- 
sembly from  among  the  bonafide  citizens  and  residents  of  his  dis- 
trict or  parish,  who  shall  comply  with  the  requirements  for  admis- 
sion established  by  said  board.  The  meaning  of  this  provision 
being  that  each  member  of  the  General  Assembly,  whether  senator 
-or  representative,  shall  have  the  right  of  appointing  one  student, 
in  accordance  with  the  foregoing  provisions.  The  free  tuition 
herein  provided  for  shall  contiuue  until  each  student  has  grad- 
uated from  the  academic  department,  unless  his  scholarship  has 
•ceased  from  other  causes.  Whenever  a  scholarship  becomes 
vacant,  from  any  cause,  the  senator  or  representative  who  ap- 
pointed the  previous  student,  or  his  successor,  shall,  in  the 
manner  prescribed  by  this  section,  immediately  name  a  successor. 
SEC.  238.  [Contract  Between  the  State  and  the  University.] — 
This  act,  in  all  its  provisions  be  and  the  same  is  hereby  declared 
to  be  a  contract  between  the  State  of  Louisiana  and  the  admin- 
istrators of  the  "Tiilaiie  Education  Fund,"  irrevocably  vesting 
the  said  administrators  of  the  uTulaue  Education  Fund"  with 
the  powers,  franchises,  rights,  immunities  and  exemptions  herein 
•enumerated  and  hereby  granted,  and  irrevocably  binding  said 
administrators  to  develop,  foster,  and  maintain  as  above  pro- 
vided, the  University  as  aforesaid  in  the  city  of  New  Orleans, 
subject  to  and  according  with  the  terms  of  this  act.* 

Laws  Transferred  from  the  University  of  Louisiana  to  the  Tulane 
University  of  Louisiana. 

SEC.  239.  [Corporate  Powers  of  the  Board  of  Administrators.] — 
The  administrators  and  their  successors  shall  be  and  for- 
ever remain  a  body  politic  and  corporate  and  shall  have 
perpetual  succession,  and  shall  be  able  in  law  to  sue  and 
be  sued,  implead  and  be  impleaded,  answer  and  be  answered 

*The  two  sections  succeeding  this  section  in  the  Act  43  of  1884,  waich  are  sections  8  and  9, 
are  hereby  o.uitted,  as  their  provisions  are  only  temporary.  The  first  prescribed  that  the  act, 
•without  doubting  the  validity  of  th«law,  was  to  he  submitted  to  the  people  for  constitutional 
ratification  ;  and  'the  second  ma:le  the  act  effective  pending  the  constitutional  election.  Seo- 
tiom  10,  11  an:t  12  prondinj  tor  election  aul  containing  repealing  clauses  are  also  omitted. 


98  STATE   SCHOOLS. 

uiito,  defend  and  be  defended  in  all  courts  and  places  what- 
soever :  and  may  have  a  common  seal,  and  may  change  and  alter 
the  same  at  their  pleasure:  and  shall  also  be  able  in  law  to  take 
by  purchase,  gift,  grant,  devise  and  donation,  inter  tiros  and 
mortis  causa,  made  by  individuals  and  corporations,  within  this 
~e  or  elsewhere,  and  to  hold  any  real  or  personal  estate  what- 
ever. They  and  their  successors  shall  have  power  to  grant,  bar- 
gain, sell,  lease,  demise  or  otherwise  dispose  of  (except  by  mort- 
gage) all  or  any  part  of  the  real  or  personal  estate,  as  to  them 
shall  seem  best  for  the  interests  of  the  University,  excepting  the 
buildings  of  the  University,  the  library,  apparatus  and  scientific 
collections,  which  shall  only  be  conveyed  after  the  consent  of 
the  Legislature  is  first  obtained.  Xo  mortgage  shall  ever  be 
given  on  any  of  the  property  of  the  University,  unless  specially 
authorized  by  law  for  any  specific  purpose. 

SEC.  240.  [Departments  of  the  University.]— The  University 
shall  be  composed  of  the  following  departments  or  laculties,  to- 
wit:  Law.  Medicine,  the  Natural  Sciences.  Letters  and  College 
proper,  or  Academical  department :  all  of  which,  as  the  resources 
of  the  University  increase,  shall  be  completed  and  the  adminis- 
trators, excepting  the  Medical  department,  which  shall  be  com- 
posed of  and  formed  by  the  Medical  College  of  Louisiana,  as  at 
present  organized  and  established  by  law ;  which  said  depart- 
ment, as  hereafter  provided  for,  shall  be  engrafted  on  the  Univer- 
sity, and  be  conducted  as  hereafter  directed. 

SEC.  241.  [Powers  of  the  Board  of  Administrators.]— The 
administrators  shall  have  the  power  to  direct  and  prescribe  the 
course  of  study  and  the  discipline  to  be  observed  in  the  Univer- 
sity; to  appoint  by  ballot,  or  otherwise,  the  president  of  the 
Umiversity.  who  shall  hold  his  office  at  the  pleasure  of  the  boaid 
and  perform  the  duties  of  a  professor ;  to  appoint  professors, 
tutors  and  ushers  to  assist  in  the  government  and  instruction  of 
the  students,  and  such  other  officers  as  they  may  deem  necessary, 
they  being  removable  at  the  pleasure  of  the  board.  They  shall 
fix  the  salaries  of  the  president,  professors  and  tutors,  in  the 


STATE   SCHOOL*.  Cft 

Academical  department,  and  fill  vacancies  in  the  professorships. 
Vacancies  in  the  Law  or  Medical  department  shall  be  filled  from 
persons  first  recommended  to  the  administrators  by  the  faculty 
of  the  department  In  which  a  vacancy  may  happen.  Xo  pro- 
fessor, tutor,  or  other  assistant  officer  shall  be  an  administrator 
of  the  University. 

SEC.  242.  [By-Laws  and  Regulations.]— They  shall  have 
power  to  make  all  ordinances  and  by-laws  which  to  them  shall 
seem  expedient  for  carrying  into  eft'ect  the  design  contemplated 
by  the  establishment  of  this  University,  not  inconsistent  with 
the  Constitution  of  the  United  States  and  of  this  State,  nor  with 
the  provisions  of  their  charter.  They  shall  not  make  the  religion* 
tenets  of  any  person  a  condition  of  the  admission  to  any  privi- 
lege or  office  in  the  University,  nor  shall  any  course  of  religions 
instruction  be  taught  or  allowed  of  a  sectarian  character  and 
tendency. 

SEC.  243.  | Literary  Honors  and  Degrees.] — They  shall  have 
the  right  of  conferring  under  their  common  seal,  on  any  person 
whom  they  may  think  worthy  thereof,  all  literary  honors  and 
degrees  known  and  usually  granted  by  any  university  or  college 
in  the  United  States  or  elsewhere.  The  degree  of  Bachelor  of 
Law,  and  Doctor  of  Medicine,  granted  by  them,  shall  authorize 
the  person  on  whom  it  is  conferred  to  practice  law,  physic  and 
surgery  in  this  State. 

SEC.  244.  [Transfer  of  Property.] — All  of  the  real  and  personal 
estate  whatsoever  belonging  to  the  Medical  College  of  Louisiana, 
is  hereby  transferred  to  and  vested  in  the  University  o'f  Lou- 
isiana ;  provided,  the  administrators  of  the  University  appro- 
priate the  sum  which  the  real  and  personal  estate  of  the  Medical 
College  cost  to  the  purchase  of  philosophical  and  chemical  appa- 
ratus for  the  use  of  the  college,  and  the  Medical  College,  as  it  is 
now  organized,  is  herein  and  hereby  incorporated  with  and  made 
a  part  of  the  University  of  Louisiana,  and  shall  constitute  the 
only  medical  department  of  the  University.  The  professors  now 
filling  the  chairs  in  that  school  shall  constitute  the  medical 


100  STATE   SCHOOLS. 

faculty  of  the  department  of  medicine  of  the  University,  and  fill 
the  same  chairs  in  the  University  now  filled  by  them  in  the 
Medical  School  of.  Louisiana,  and  hereafter  be  under  the  govern- 
ment of  the  board  of  administrators  of  the  University.  The 
requisites  for  admission,  the  examination  of  candidates  for  their 
degrees  in  the  medical  and  law  departments,  the  management 
of  pecuniary  concerns,  the  salaries  of  the  professors,  the  tuition 
and  the  terms  of  admission,  shall  be  under  the  exclusive  control 
of  the  faculty  of  the  departments  respectively. 

SEC.  245.  [Department  of  Law.] — The  department  of  law 
«liall  consist  of  three  or  more  professors,  who  shall  be  required 
to  give  a  full  course  of  lectures  on  international,  constitutional, 
maritime,  commercial  and  municipal  or  civil  law,  and  instruc- 
tion in  the  practice  thereof. 

SEC.  246.  [Access  of  the  Medical  Department  to  the  Charity 
Hospital.] — The  medical  department  of  the  University  shall  at 
all  times  have  free  access  to  the  Charity  Hospital  of  New  Orleans, 
for  the  purpose  of  affording  their  students  practical  illustrations 
of  the  subjects  they  teach. 


INDEX, 


AGRICULTURAL  AND  MECHANICAL  COLLEGE,  STATE  UNIVERSITY 
AND, 

Constitutional  provisions 7-J£ 

Legislative  enactments 71 

BLIND,  INSTITUTE  FOR  THE 85 

CITY  SCHOOLS. 

School  board 5$ 

Services  of  directors  without  compensation,  superintendent 6t> 

Taxes  prior  to  1880,  judgments,  board  of  liquidation 61 

Treasurer . .  62 

Expenses,  report  of  the  board . . ...  83 

Proper  evidences  of  claims 64 

COLORED  UNIVERSITY. 

Constitutional  clause . . .  7 

Southern  University  89' 

CONSTITUTIONAL  PROVISIONS * 

DEAF  AND  DUMB,  INSTITUTION  FOR  THE 87 

DEBT. 

Evidences  of  debt  non-negotiable 13 

Limit  of  contract  obligations 15 

DECISIONS  AND  APPEALS. 

Appeal  of  removed  superintendent 12 

Decisions  by  the  State  Superintendent 22" 

DONATIONS 5O 

ENUMERATION  OF  EDUCABLE  YOUTH. 

Parish  superintendent's  duty  in  relation  thereto 24 

Assessor's  duty 25* 

EXAMINATIONS. 

Competitive 3£ 

Fee,  duties  of  examiners 34 

Certificate,  requirements 35> 

Exception  in  regard  to  certain  graduates 26» 


102  INDEX. 

EXEMPTION. 

Schools  from  taxation 4 

Officers  from  jury  duty 18 

EXPROPRIATIONS  OF  LAND 16 

FRENCH  LANGUAGE. 

Constitutional  provisions 6 

Legislative  enactment 53 

FUNDS,  SCHOOL. 

Sectarian  schools  cannot  receive 6 

Of  what  they  shall  consist 6 

Free  school,  seminary,  agricultural  and  mechanical 8 

Transfer  of,  disbursement 27 

Apportionment  of 38 

HYGIENE  AND  TEMPERANCE. 

Shall  be  taught  in  the  public  schools 53 

INDUSTRIAL  COLLEGE,  STATE. 

Establishment  and  rules ,  69 

INSTITUTES. 

Attendance  obligatory,  penalty  for  superintendent's  absence,  parish 

institutes 29 

Members,  managers,  fund 30 

Orleans  excepted,  reports,  State  institutes,  conductor 31. 

Assistant  lecturers,  notification  to  teachers 32 

Penalty  for  teacher's  absence,  leave  of  absence  from  schools,  com- 
pensation, certificate,  report 33 

LOUISIANA  STATE  UNIVERSITY 71 

LAND  FOR  SCHOOL  HOUSE  SITES. 

Expropriations 16 

Sale  by  the  Land  Register 17 

NORMAL  SCHOOLS. 

State  Normal  School 66 

OATH  OF  OFFICE  .. 12 

PARISH  OFFICERS. 

Terms  of  office,  removal 12 

PARISH  SUPERINTENDENT. 

Qualifications,  salary,  visits 23 

Additional  Compensation,  teachers,  enumeration  of  youth  '. .....  24 

Annual  report,  custody  of  papers 25 

Oaths  he  may  administer,  office  days 26 

Penalty  for  absence  from  institute 29 


INDEX.  103 

REVENUE. 

Apportionment  of  current  school  fund 38 

Police  jury  and  municipal  tax,  bonds  and  fines 39 

Special  tax 40 

Poll  tax 40 

Sale  of  sixteenth  section  lands,  election 43 

•     Survey,  order  of  the  Auditor . 44 

Unhabitable  lands,  sale 45 

Treasurer's  commission,  lease,  proceeds 46 

Annulling  sales,  collection  of  notes 47 

Attorney's  compensation 48 

Capital  due  the  several  townships,  trespass 49 

Donations  :  authorised,  conditions,  trustees 50 

Trustees,  fidei  conmiissse,  of  town  charters 51 

Prescription  of  debts 52 

:SCHOOL  BOARD,  PARISH. 

Body  corporate 12 

Evidence  of  debt  non-negotiable,  exempt  from  furnishing  bonds  in 

suits,  attorney,  duties  and  authority 13 

Debts,  duties  of  president  and  secretary,  reports 15 

Expropriation  of  land  for  school  house  sites 16 

School  districts , . .  18 

•SCHOOLS. 

Graded  and  high  schools 52 

Branches  to  be  taught,  hygiene  and  temperance 53 

Text  books,  sectarian  schools,  days  of  rest 54 

(See  also  CITY  SCHOOLS.) 

SIXTEENTH  SECTIONS  (See  REVENUE). 

STATE  BOARD  OF  EDUCATION 

Of  whom  composed 10 

Time  of  meeting,  may  require  reports,  duties  and  powers 11 

STATE  INSTITUTIONS. 

State  Normal  School 66 

State  Industrial  College  at  Ruston (59 

Louisiana  State  University  and  Agricultural  and  Mechanical  College  71 

Institute  for  the  Blind 85 

Institute  for  the  Deaf  and  Dumb 87 

Southern  University  (for  Colored  Persons) 89 

Tulane  University  of  Louisiana 92 


104  INDEX. 

STATE  SUPERINTENDENT  OF  PUBLIC  EDUCATION. 

Office,  salary,  duties,  expenses %. .  20' 

Biennial  report,  suggestions  for  Deaf  and  Dumb  Institute 21 

Copies  of  records  admissible  in  evidence,  reports 22 

Decisions  and  appeals 22' 

SUITS. 

Exemption  from  furnishing  bond,  school  board,  attorney 13 

TAX  (See  REVENUE). 

TEACHERS. 

Parish  and  State  Teachers'  Institutes 29* 

Examination  and  certificates  of  proficiency 33 

Accountability  of  pupils  to  teachers 36 

TEXT  BOOKS. 

State  Board  of  Education  to  adopt 11 

Hygiene  and  Temperance 54 

WOMEN  ELIGIBLE  TO  SCHOOL  OFFICES. 

Constitutional  clause 8- 

Same  declared  operative  by  legislative  enactment 12: 


SYLLABI  OF  IMPORTANT  SCHOOL  DECISIONS 


OF   THE 


SUPREME   COURT. 


CERTIFICATES  OF  INDEBTEDNESS. 

The  board  of  directors  for  the  Public  Schools  of  New  Or- 
leans have  the  control  of  school  funds  placed  to  their  charge  for 
the  maintenance  of  the  schools.  It  devolves  upon  this  board  to 
compel  corporations  to  comply  with  their  ordinances  levying 
taxes  for  the  schools,  if  they  fail  to  comply  with  their  obligation 
in  this  respect. 

The  board  of  directors  have  authority  to  stand  in  judgment  j. 
to  institute  or  defend  suits.  The  creditor  of  the  school  board 
has  no  right  of  action  against  the  city  of  New  Orleans  to  compel 
the  city  to  recognize  the  validity  of  his  claim. . 

School  certificates  of  indebtedness  issued  by  the  board  of 
directors  of  the  Public  Schools  for  the  years  1874, 1875  and  1876r 
are  not  debts  of  the  city  of  New  Orleans,  and  actions  for  the  pur- 
pose of  having  them  recognized  as  valid  claims  can  be  maintained 
against  the  School  Board,  as  it  is  authorized  to  pass  on  the 
validity  of  the  evidence  of  indebtedness  of  every  one  who  alleges 
that  he  is  a  creditor. 

The  city  of  New  .Orleans  turns  over  amounts  collected  for 
schools  to  the  treasurer  of  the  School  Board.  This  officer  notes 
the  taxes  of  different  years  and  applies  the  amount  to  the  pay- 
ment of  certificates  from  the  taxes  of  these  years  from  which  the 
creditors  are  entitled  to  payment. — Fisher  et  al.  vs.  /School 
Directors,  184,  44  Ann. 


106  APPENDIX — IMPORTANT  SCHOOL  DECISIONS. 

DEBTS  OF  DEFUNCT  INSTITUTIONS. 

The  president  of  the  board  of  supervisors  of  the  Louisiana 
State  University  and  Agricultural  and  Mechanical  College  can- 
not be  compelled  to  warrant  on  any  fund  to  pay  a  debt  of  either 
of  the  two  former  corporations,  known  respectively  as  "the 
Louisiana  State  University"  and  "the  Agricultural  and  Me- 
chanical College." — 31  Ann.,  711,  State  ex  rel.  Schorten,  Agent, 
vs.  President  Board  of  (Supervisors. 

A  mere  stated  account  between  the  superintendent  of  the 
Louisiana  State  University  and  Agricultural  and  Mechanical 
College,  and  one  of  the  professors  employed  in  that  institution, 
signed  by  the  superintendent,  is  not  such  conclusive  proof  of  the 
amount  due  the  professor  as  would  enable  the  latter  to  man- 
damus the  president  of  the  board  of  supervisors  of  the  institution 
to  warrant  for  the  amount,  even  if  the  president  was  authorized 
to  draw  such  a  warrant. — Ib. 

EX  CONTRACTU  OBLIGATION. 

The  obligation  of  the  Treasurer  of  the  School  Board  of 
Union  parish  to  account  tor  funds  received  by  him,  is  ex  contracts 
and  fiduciary  in  its  character,  and  is  only  barred  by  the  pre- 
scription of  ten  years. — 32  Ann.,  793,  Board  of  School  Directors 
of  Union  Parish  vs.  J.  E.  Trimble. 

FREE  SCHCOL  BONDS. 

The  sale  of  bonds  constituting  a  part  of  the  "  free  school 
fund,"  made  in  virtue  of  Act  No.  81  of  1872,  was  utterly  null 
and  void,  and  conferred  no  title  on  the  purchaser,  and  no  future 
assignee  or  the  purchaser,  who  took  the  bonds  in  good  faith,  for 
value,  and  before  their  maturity,  could  acquire  a  title  to  them. 

Bonds  that  are  a  part  of  the  assets  of  the  "free  school 
fund  "  are  consigned  by  law  to  the  custody  of  the  Secretary  of 
State  and  Auditor  of  Public  Accounts,  and  those  officers  have  a 
right  to  claim  their  possession  in  whatever  hands  they  may  be 
found.  And  this  right  is  not  aifected  by  the  prescription  of 


APPENDIX— IMPORTANT   SCHOOL   DECISIONS.  107 

three  years.-^-31  Ann.,  1~5,  Sun  Mutual  Insurance  Company  vs. 
Board  of  Liquidation,  (Secretary  of  State  and  Auditor,  Intervenors. 

LIMITATION  OF  CONTRACT. 

The  teachers  of  the  public  schools  of  New  Orleans  cannot, 
under  the  law,  be  appointed  for  a  longer  term  than  one  year. — 
34  Ann.,  354,  F.  A.  Golden  vs.  Board  of  Public  School  Directors 

of  Neiv  Orleans. 

EECOVERY  OF  FUNDS. 

Where  a  mistake  has  been  made  by  the  State  Treasurer  in 
announcing  to  the  State  Superintendent  of  Public  Education 
the  amount  of  funds  for  apportionment  among  the  educable 
children  of  the  State,  but  before  the  apportionment  could  be 
cancelled  the  school  directors  of  Orleans  had  received  their 
quota  under  it,  when  the  true  sum  has  been  ascertained  and 
announced  to  the  superintendent,  and  a  revised  apportionment 
is  to  be  made,  it  is  prop'er  that  the  superintendent  should  take 
into  account,  when  apportioning  to  Orleans,  the  sum  already 
improperly  paid  to  her  under  the  mistake,  and  which  payment 
has  been  made  in  consequence  of  that  mistake. — 36  Ann.,  241, 
The  State  ex  rel.  Board  of  School  Directors,  etc.,  vs.  E.  H.  Fay, 
Superintendent,  etc. 

A  school  board  organized  according  to  law  has  a  right  to 
stand  in  court  to  claim  from  another  school  board  likewise  con- 
stituted, school  funds  which  should  have  been  paid  to  it  by  the 
State  authorities  and  which  were  illegally  paid  out  to  the  latter. 
A  receipt  therefor  would  exonerate  the  debtor  board. 

If  the  funds  are  not  in  kind  in.  the  possession  of  said  board, 
but  can  be  traced  to  property  in  which  they  have  been  invested 
by  such  board,  the  property  itself  can  be  recovered  in  place  of 
the  funds  which  it  represents. 

An  action  to  recover  under  such  circumstances  is  not  barred 
by  the  prescription  of  five  years  or  less. — 36  Ann.,  806,  School 
JSoard  vs.  School  Board. 


108  APPENDIX — IMPORTANT  SCHOOL  DECISIONS. 

SALE  OF  WARRANTS. 

Under  the  authority  of  the  Board  of  School  Directors  of  a 
parish,  the  treasurer  of  the  board  may  make  a  valid  sale  of  the- 
warrants  of  the  State  which  represent  that  portion  of  the  inte;  est 
on  the  free  school  fund  due  to  said  parish. — 31  Ann.,  158,  Board 
of  School  Directors  of  Concordia  Parish  vs.  Hernandez. 

SCHOOL  LAND,  TENDER,  ETC. 

The  residents  and  alleged  tax  payers  in  a  township  in  whom 
is  vested  the  title  of  the  sixteenth  section  for  the  maintenance  of 
the  schools,  have  the  right  to  invoke  an  interposition  of  the 
court  to  annul  the  sale  of  this  section, 

Tender  as  a  prerequisite  to  the  suit  cannot  be  required^ 
The  price  was  not  received  by  the  plaintiffs.  No  title  passed 
to  the  adjudicatee  of  the  property. 

The  amount  should  be  returned  by  the  authority  by  which 
it  was  received.  In  the  meantime  plaintiffs  can  prosecute  their 
suit  to  have  the  sale  annulled. 

The  general  government  donated  the  sixteenth  sections  to- 
the  townships  and  authorized  their  sale,  with  the  consent  of  the 
inhabitants  residing  within  their  respective  limits.  The  legis- 
lative department  of  the  State  in  compliance  with  the  conditions 
of  the  grant,  adopted  laws  requiring  elections  to  be  held  to  ascer- 
tain the  will  of  the  majority  of  their  voters  residing  within  the 
townships  and  providing  certain  prerequisites  for  the  sale.  Art 
election  not  having  been  held  in  the  township,  the  return  of  the- 
election  not  being  sustained  at  all,  the  adjudication  made  was 
null. 

The  sixteenth  section  offered  for  sale  should  bring  its  ap- 
praised value,  which  may  not  be  less  than  $1.25  per  acre.— 
44  Ann.,  365,  Telle  et  al.  vs.  School  Board  et  al. 

SURETYSHIP. 

Where  the  sureties  on  a  five-thousand-dollar  bond  are- 
jointly  sued  for  an  amount  aggregating  two  thousand  dollars, 
this  court  will  have  jurisdiction,  although  the  demand  against 


APPENDIX — IMPORTANT   SCHOOL   DECISIONS.  109 

-each  surety  is  less  than  $500. — 31  Ann.,  297,  Stale  ex  rel.  School 
Board,  Parish  of  tit.  Tammany  vs.  Cousin  et  al. 

Where  the  plaintiff  who  sues  the  sureties  on  an  official  bond 
alleges  the  hopeless  insolvency  of  the  principal,  the  sureties 
will  not  deprive  themselves  of  the  right  of  discussion,  to  tfhich 
they  are  entitled  uader  the  law,  by  pleadi ig  an  exception  that 
admits  the  truth  of  the  averment  of  insolvency. — Ib. 

When  the  principal  and  sureties  on  an  official  bond  are  sued 
together,  the  judgment  is  res  adjudicata  as  to  the  sureties,  and 
within  the  limit  of  the  amounts  for  which  they  are  held  under 
the  terms  of  their  bond,  they  are  bound  to  make  good  the  entire 
judgment  against  the  principal,  including  the  penalty. — 40  Ann., 
705,  Eastin  if*  Breaux  vs.  Board  of  School  Directors. 

TAXATION. 

The  word  "  may"  found  in  Section  54  of  Act  No.  81  of  1888, 
does  not  mean  shall.  Traced  back,  through  the  last  sentence  of 
Article  339  of  the  Constitution  to  Act  No.  23,  Section  28  of  1877, 
which  the  framers  of  that  instrument  intended  to  continue  in 
force  in  that  respect,  it  simply  means  are  authorized. 

The  Constitution  merely  directed  that  the  Legisliture  "snail 
provide  that  every  parish  may  levy  a  tax,"-  which  means  is 
authorized  or  empowered. 

Any  legislation  seeming  to  impose  upon  police  juries  the 
duty  or  obligation  of  levying  the  tax  would  transcend  the  dele- 
gated authority  and-so  be  unconstitutional  and  barren  in  etfect. 

Police  juries  are  therefore  clothed  by  law  with  the  discre- 
tionary or  optional  power  of  levying  or  not,  as  their  wisdom  may 
see  fit  and  proper,  the  tax  iii  question  for  school  purposes. 

In  case  of  failure  to  collect  the  tax,  no  mandamus  can  issue 
to  compel  the  levy. — 40  Ann.,  755,  State  ex  rel.  School  Directors 
vs.  Police  Jury. 

TAXATION. 

A  municipal  corporation,  sued  under  an  enactment  deemed 
by  it  to  be  unconstitutional,  the  object  of  which  is  to  compel  it 


110  APPENDIX — IMPORTANT   SCHOOL  DECISIONS. 

to  increase  an  appropriation  from  its  alimony,  has  a  right  to 
plead  the  unconstitutionally  of  the  act  and  to  have  the  conten- 
tion determined  by  the  courts. 

It  cannot  be  called  upon  to  show  cause  why  a  relief  sought 
against  it  should  not  be  granted  and  when  it  appears,  in  response, 
be  met  with  the  objection,  that  it  has  no  standing  in  court  and 
cannot  be  heard. 

In  such  case,  the  courts  will  not  refuse  to  listen  to  the 
defence  5  but  will  inquire  and  pass  upon  its  merits. 

The  supremacy  of  a  legislature  over  a  city  is  not  so  absolute 
that  it  cannot  be  restrained  by  the  organic  law.  Limitations 
imposed  by  the  Constitution  upon  its  powers  cannot  be  over- 
leaped. 

The  system  of  free  schools  in  Louisiana  is  a  State  institution, 
for  the  establishment,  maintenance  and  support  of  which  the 
State  is  required  to  provide  by  taxation,  or  otherwise. 

As  a  ri-le,  the  taxing  powers  may  be  exercised  by  the  Gen- 
eral Assembly  for  State  purposes  only,  and  by  parish  and  mu- 
nicipal corporations,  under  authority  granted  them  by  the  Legis- 
lature, for  parish  and  municipal  purposes  alone;  but,  under 
express  sanction  of  the  Constitution,  the  General  Assembly 
"may"  authorize  parishes  to  levy  a  tax  tor  the  public  schools 
therein,  not  exceeding  the.  State  tax  and,  with  other  parish 
taxes,  not  exceeding  the  limits  of  parish  taxation,  fixed  by  the 
Constitution. 

The  Legislature  cannot  force  a  parish  to  levy  a  tax  for  school 
purposes.  It  may  authorize  it  to  do  so,  and  when  it  has  done 
so,  and  the  parish  undertakes  to  raise  it,  the  constitution  ill  limits 
must  be  observed. 

To  be  valid,  the  levy  of  such  a  tax  must  find  its  authority  in 
the  organic  law.  The  legislature  has  therefore  no  authority  to- 
compel  the  city  of  STew  Orleans,  which  is  the  parish  of  Orleans, 
to  make  an  appropriation  to  stand  in  place  of  the  amount  which 
a  school  tax,  if  specially  levied,  would  have  realized. 


APPENDIX— IMPORTANT   SCHOOL  DECISIONS.  Ill 

The  Legislature  cannot  transgress  its  powers,  or  invade 
those  which  are  secured  by. the  Constitution  to  the  city  of  Xew 
Orleans.  It  can  not  do  indirectly  that  which  it  is  incompetent 
to  do  directly. 

Although  the  first  part  of  Section  71  of  Act  81  of  1888,  may 
be  constitutional,  the  provisos  which  follow  it  and  which  require 
the  city  of  Kew  Orleans  to  appropriate  no  less  than  $250,000,  for 
school  purposes,  are  unconstitutional.  They  are,  therefore, 
deemed  unwritten  and  not  binding  on  the  city. — 42,  Ann.,  92r 
btate  ex  rel.  School  Board  vs.  City  of  New  Orleans. 


ises. 


THE   STATE    BOARD    OF    EDUCATION 


EX-OFFICIO  MEMBERS. 

GOVERNOR  MURPHY  J.  FOSTER, President. 

M.  J.  CUNNINGHAM, Attorney  General. 

A.  D.  LAFARGUE,  State  Superintendent  of  Public  Education  and  Secretary. 


REPRESENTATIVE  MEMBERS. 

PROF.  ALCEE  FORTIER,  Tulane  University,  New  Orleans,  First  Con- 
gressional District. 

REV.  MAX  HELLER,  242  Jackson  Street,  New  Orleans,  Second  Congres- 
sional District. 

WILLIAM  CLEGG,  Lafayette,  Third  Congressional  District. 

FREDERIC  SEIP,  Alexandria,  Fourth  Congressional  District. 

FRANKLIN  GARRETT,  Monroe,  Fifth  Congressional  District. 

THOMAS  OVERTON,  Marksville,  Sixth  Congressional  District. 


RKSOLUTION 

Passed   by  the    State    Board  of  Education  on   the   19th 
day  of  October,   1894. 


Resolved,  That  the  Secretary  of  this  board  is  hereby  directed 
to  prepare  a  Compilation  of  School  Laws,  and  to  codify  all  enact- 
ments now  in  effect  in  such  manner  as  to  serve  the  convenience 
of  school  officers  as  a  book  of  legal  reference,  and  he  is  author- 
ized to  add  such  annotations  and  appendices  as  he  may  deem 
proper  in  interpreting  the  law. 

8 


ADOPTED  BY 

THE    STATE    BOARD    OF    EDUCATION 


KULE  I. — The  elementary  schools  in  cities  and  towns  shall 
contain  at  least  six  grades,  viz : — first,  second,  third  (and  possi- 
bly fourth),  primary  and  first  and  second  Grammar  Departments ; 
but  such  changes  may  be  made  by  the  local  board  as  the  condi- 
tion of  the  locality  may  require. 

RULE  II. — In  the  primary  departments  there  shall  be  taught: 
spelliDg,  reading,  phonetics,  writing,  geography,  arithmetic  and 
object  lessons. 

In  the  Grammar  Departments,  thorough  instruction  shall 
be  given  if  the  derivation  of  words,  dictation,  reading,  writing, 
arithmetic,  grammar,  geography,  history,  elocution,  composition, 
declamation,  the  natural  sciences,  and  when  possible,  vocal  and 
instrumental  music;  also  drawing.  It  is  recommended  that  the 
French  language  be  taught  in  those  localities,  where  the  French 
population  predominates,  provided,  the  expenses  of  the  school 
are  not  increased. 

RULE  III.— The  High  School,  or  Central  School,  shall  con- 
tinue the  instruction  of  such  youths  as  can  pursue  such  studies 
as  will  best  prepare  them  for  admission  to  the  Normal  Schools, 
or  to  the  freshman  class  of  Tulane  University  and  the  freshman 
class  of  the  Louisiana  State  University  and  A.  and  M.  College. 

RULE  IY. — The  Normal  Schools  shall  have  for  their  object 
the  professional  training  of  young  men  and  women  as  teachers 
for  the  common  schools  of  the  State,  and  to  thereby  improve  the 
standard  of  the  public  schools. 


RULES  AND  REGULATIONS.  115 

SCHOOL  SESSIONS. 

RULE  V. — The  scholastic  year  shall  be  deemed  to  commence 
on  the  second  Monday  of  September  of  each  year. 

RULU  VI. — The  daily  sessions  shall  not  be  less  than  five 
hours. 

EXAMINATIONS. 

EULE  VII.— A  public  examination  shall  be  held  at  least 
once  each  year.  All  the  classes  in  the  High  Schools  and  Normal 
Schools  shall  be  examined  in  writing  in  each  branch  of  study 
when  it  is  completed. 

VACATIONS  AND  HOLIDAYS, 

RULE  VIII.— The  schools  shalls  be  closed  on  Saturdays  and 
Sundays,  and  on  such  other  days  as  may  be  directed  by  the 
Parish  Boards. 

TEACHERS. 

RULE  IX. — Teachers  shall  be  at  their  respective  rooms  at 
least  fifteen  minutes  before  the  hour  of  opening  each  session, 
and  shall,  in  their  daily  registers,  to  be  kept  by  the  Principal, 
record  the  names  and  the  time  of  arrival  of  each  teacher,-  and 
any  teacher  not  complying,  shall  be  reported  to  the  local  super- 
intendent, for  such  action  as  he  may  see  proper  under  the  laws, 
rules  and  regulations.  The  teachers  shall  remain  on  the  school 
grounds,  or  in  the  premises,  and  exercise  supervision  over  the 
pupils  during  each  recess  or  intermission. 

RULE  X. — The  jurisdiction  and  authority  of  the  teacher 
over  the  pupils  shall  not  be  limited  to  the  school  house  or  enclo- 
sures nor  to  the  actual  session  of  the  school.  Generally  in  mat- 
tars  connected  with  the  schools  and  the  manners  and  morals  of 
the  scholars,  his  authority,  with  that  of  the  parent,  commences 
when  pupils  leave  the  parental  roof  and  control,  to  go  to  school, 
and  shall  continue  until  their  return  from  school.  The  teacher, 
however,  shall  not  be  responsible  for  the  misc  >nduct  of  pupils 
on  the  way  to  and  from  school,  though  he  shall  have  the  right 
to  punish  for  misconduct  when  brought  to  his  knowledge. 


116  RULES  AND- REGULATIONS. 

RULE  XI. — The  teachers  shall  bestow  equal  and  impartial 
attention  on' all  their  pupils. 

EULE  XII. — It  shall  be  their  duty  to  practice  such  discipline 
in  their  schools  as  would  be  exercised  by  a  kind  and  judicious 
parent  in  his  family,  always  firm  and  vigilant  but  prudent. 
They  shall  endeavor  on  all  proper  occasions,  to  impress  upon 
the  minds  of  their  pupils  the  principles  of  morality  aud  virtue;  a 
sacred  regard  for  truth,  reverence  for  the  ( 'reator,  respect  for 
oae  another,  rectitude,  industry  and  frugality.  But  no  teacher 
shall  exercise  any  sectarian  or  political  influence  in  the  school. 
They  shall  see  that  all  pupils  under  their  charge  distinctly  under- 
stand all  rules  relating  to  pupils,  aud  they  shall  teach  them  the 
rules  of  health — hygiene  and  the  bad  effects  of  narcotics,  as 
required  by  Act  No.  40  of  the  General  Assembly  of  1888. 

EULE  XIII. — Any  teacher  who  may  be  absent  from  school 
on  account  of  sickness  or  other  necessity  must  cause  immediate 
notice  to  be  given  to  the  local  superintendent.  Teachers  absent 
three  consecutive  days  without  cause  may  be  considered  as  hav- 
ing abandoned  their  positions. 

EULE  XIV. — No  teacher  shall  resign  without  giving  two 
weeks  notice  to  the  local  superintendent,  else  he  may  be  made 
to  forfeit  one  half  month's  pay. 

EULE  XV. — Teachers  shall  not  hold  any  position  of  higher 
grade  than  the  one.  corresponding  to  their  certificates,  nor  shall 
the  salary  be  larger  than  that  allowed  to  the  grade  in  which 
they  teach. 

EULE  XVI. — All  teachers  shall  attend  the  State  aud  Parish 
Institutes,  when  notified  by  the  superintendent.  - 

PELNCIPAL  TEACHEES. 

EULE  XVII. — The  principal  teachers  shall  keep  a  register, 
in  which  they  shall  record  the  name,  age,  birth  place,  residence, 
the  names  of  the  parents  or  guardians  of  each  pupil  entering  the 
public  schools,  also  the  occupation  of  the  parent  or  guardian. 


RULES  AND  REGULATIONS.  117 

EULE  XVIII. — The  principals  shall  be  required  within  one 
week  after  the  commencement  of  each  term,  to  have  the  pro- 
gramme of  their  daily  exercises  posted  in  the  school  room,  in  a 
conspicuous  place,  and  shall  transmit  a  copy  to  the  local  super- 
intendent and  one  to  the  State  superintendent. 

EULE  XIX. — They  shall  keep  a  daily  record  of  all  pupils 
admitted ;  those  present,  those  absent  or  tardy.  They  shall,  at 
the  end  of  each  month,  report  the  condition  of  their  respective 
schools  to  the  local  superintendent,  and  file  in  his  office,  a  copy 
of  their  respective  registers,  and,  at  the  close  of  the  school  year, 
shall  forward  a  certified  copy  of  said  register  to  the  State  Board 
of  Educat  on ;  they  shall  also  keep  records  and  make  reports  as 
required  by  Act  No.  81,  of  the  year  1888. 

EULE  XX. — The  principal  shall  have  supervisory  control 
of  the  grounds,  buildings  and  appliances,  also,  furniture  and 
other  common  school  property,  and  shall  be  held  responsible  for 
any  want  of  neatness  or  cleanliness  of  the  premises. 

Whenever  repairs  are  needed,  the  president  of  the  school 
board  should  be  notified  by  him. 

PUPILS'  ADMISSION. 

EULE  XXI. — Children  entering  the  public  schools  are  re- 
quired to  furnish  all  the  necessary  text-books  and  stationery 
used  in  their  classes.  The  pupils  are  to  be  admitted  in  the  pri- 
mary schools  not  younger  than  six  years.  A  pupil  can  begin 
school  only  on  the  first  day  of  each  week,  and  is  to  be  accom- 
panied at  the  time  of  his  admission,  by  one  of  his  parents,  or 
guardian,  or  by  a  friend  who  will  see  to  the  proper  registry  of 
his  name  and  furnish  any  further  needful  information. 

EULE  XXII. — They  must  attend  the  school  established  in 
the  local  school  district  in  which  they  reside,  or  such  school  as 
the  local  board  may  designate. 

EULE  XXIII. — All  transfirs  within  {he  schools,  or  from  one 
school  to  another,  rendered  necessary  for  any  cause,  shall  be 
made  by  authority  of  the  local  superintendent.  Pupils  wishing 


118  RULES  AND  REGULATIONS. 

transfers,  must  produce  certificates  from  1  heir  former  teachers, 
stating  their  reasons  and  the  class  to  which  they  belonged. 

EULE  XIV. — No  pupil  shall  be  admitted  to  school  after  10 
o'clock,  or  allowed  to  depart  before  the  appointed  hour,  except 
in  case  of  sickness,  or  for  other  cause  in  the  judgment  of  the 
teacher. 

EULE  XXV. — No  pupil  shall  be  admitted  to  the  High  School, 
unless  he  has  undergone  a  sufficient  and  satisfactory  examina- 
tion. 

DIEECTIONS    TO    SCHOOL    OFFICEES    AND    OTHEES 
CONNECTED  WITS  THE  PUBLIC  SCHOOLS. 

EULE  XXVI. — Officers  connected  with  the  department  of 
public  schools,  and  all  the  employees  are  earnestly  requested, 
indeed  directed,  to  exert  every  reasonable  endeavor  to  the  pro- 
motion of  the  schools.  They  should  avoid  all  antagonism  and 
unkind  opposition,  but  should  never  fail  whenever  opportunity 
offers,  to  exercise  their  influence  in  behalf  of  a  system  that  gives 
to  many  youths  of  our  State,  the  opportunity  of  escaping  from 
the  benighted  condition  of  the  absolutely  illiterate. 

In  all  matters  of  revenue  for  the  schools,  they  should  always 
endeavor  to  create  a  healthy  condition,  thereby  assisting  in  set- 
ting aside  (without  its  being  a  burden  to  any  one)  a  sufficient 
amount  to  maintain  a  school  system  as  it  should  be. 

By  co-operative  action  the  schools  will  become  the  pride  of 
the  State  and  reflect  its  excellence,  and  the  contributors  will  be 
more  than  rewarded  by  the  improved  condition. 

EULES  FOE  THE  EXAMINATION  OF  TEACHEES. 

I. — Teachers  shall  not  be  examined  to  teach  nor  be  given  a 
certificate  unless  they  enjoy  a  good  moral  character. 

The  committee  of  examiners  shall  cause  teachers  to  appear 
before  them  and  be  examined  in  the  branches  they  are  to  teach. 

II.— The  examination,  when  two  or  more  apply  for  the  same 
position,  shall  be  competitive ;  the  questions  shall  be  answered 


RULES  AND  REGULATIONS.  119 

in  writing  in  presence  of  the  examiners,  in  all  branches  in  which 
such  an  examination  is  practicable. 

III. — The  written  answers  shall  be  examined,  the  merit 
marks  or  figures  noted,  and  the  candidate  receiving  the  largest 
aggregate  shall  be  preferred,  provided,  he  is  found  competent. 

IY. — A  record  of  examination  shall  be  kept  by  the  local 
superintendent  and  shall  be  subject  to  the  inspection  of  any 
officer  connected  with  the  schools. 

Public  notice  should  always  be  given  of  the  day  the  exam- 
ination will  be  held. 

The  appointee  may  be  given  charge  of  a  school  on  probation 
during  a  period  not  longer  than  one  month,  during  which  time 
permanent  engagement  may  be  made — else  he  should  not  be 
employed,  but  paid  for  the  services  rendered. 


STATE  OF  LOUISIANA, 
DEPARTflENT  OF  EDUCATION. 


THE 

PUBLIC  SCHOOL  LAWS 

OF  1896  AND  1898. 

With  Rules  Adopted  by  the  State   Board  of  Education. 
SUPPLEMENT  TO  THIRD  COMPILATION. 


ISSUED   BY 

J.  V. 

Superintendent  of  Public  Education. 


BATON  ROUGE : 

THE   ADVOCATE,  OFFICIAL  JOURNAL   OF   THE   STATK    OF   LOUISIANA. 

1898. 

JS 


STATE  OF  LOUISIANA, 
DEPARTMENT  OF  EDUCATION. 


THE 

PUBLIC  SCHOOL  LAWS 

OF  1896  AND  1898, 

With   Rules  Adopted  by  the  State  Board  of  Education. 
SUPPLEMENT  TO  THIRD  COMPILATION. 


ISSUED    BY 

J.    V. 
Superintendent  of  Public  Education. 


BATON  ROUGE : 

THE   ADVOCATE,  OFFICIAL  JOURNAL   OF   THE    STATE   OF    LOUISIANA, 

1898. 


NOTE. 

This  book  contains  all  educational  acts  of  a  general 
character  passed  in  the  legislative  sessions  of  1896  and  1898, 
Some  acts  of  a  local  character,  especially  those  relating  to 
prohibition  of  the  sale  of  spirituous  liquors  near  certain 
schools,  are  not  here  included.  They  must  be  sought  in  the 
regular  publications  of  acts,  as  they  are  too  numerous  to  be 
incorporated  in  this  circular. 

J.  V.  CALHOUN, 
State  Superintendent  of  Public  Education. 


CONSTITUTIONAL  PROVISIONS. 


Art.  230.  (Educational  Institutions  Exempt  from  Taxa- 
tion.)— The  following  shall  be  exempt  from  taxation,  and  no 
other,  viz:  All  public  property,  places  of  religious  worship, 
or  burial,  all  charitable  institutions,  all  buildings  and  prop- 
erty used  exclusively  for  public  monuments  or  historical  col- 
lections, colleges  and  other  school  purposes,  the  real  and  per- 
sonal estate  of  any  library,  and  that  of  any  other  library 
association  used  by  or  connected  with  such  library,  all  books 
and  philosophical  apparatus,  and  all  paintings  and  statuary 
of  any  company  or  association  kept  in  a  public  hall;  provided, 
the  property  so  exempted  be  not  leased  for  purposes  of  pri- 
vate or  corporate  profit  and  income.  ***** 

Art.  231.  (Poll-Tax  of  one  Dollar.)— The  General  As- 
sembly shall  levy  an  annual  poll  tax  of  one  dollar  upon  every 
male  inhabitant  in  the  State  between  the  ages  of  twenty-one 
and  sixty  years,  for  the  maintenance  of  the  public  schools  in 
the  parishes  where  collected. 

Art.  232.  (School  Tax  on  a  Vote  of  Property  Tax-Payers.) 
—The  State  tax  on  properly  for  all  purposes  whatever,  in- 
cluding expenses  of  government,  schools,  levees  and  interest, 
shall  not  exceed,  in  any  one  year.  ;  ix  mills  on  the  dollar  of 
its  assessed  valuation,  and,  except  as  ctherv.'ise  provided  in 
this  Constitution,  no  parish,  municipal  or  public  board  tax 
for  all  purposes  whatsoever,  shall  exceed  in  any  one  year  ten 
mills  on  the  dollar  of  valuation;  provided,  that  for  giving 
additional  support  to  public  schools,  and  for  the  purpose  of 
erecting  and  constructing  public  buildings,  public  school 
houses,  bridges,  wharves,  levees,  sewerage  work  and  other 
works  of  permanent  public  improvement,  the  title  to  which 
shall  be  in  the  public,  any  parish,  municipal  corporation,  ward 
or  school  district  may  levy  a  special  tax  in  excess  of  said 
limitation,  whenever  the  rate  of  such  increase  and  the  number 
of  years  it  is  to  be  levied  and  the  purpose  or  purposes  for 
which  the  tax  is  intended,  shall  have  been  submitted  to  a  vote 
of  the  property  taxpayers  of  each  parish,  ward  or  school  dis- 
trict entitled  to  vote  under  the  election  laws  of  the  State,  and 
a  majority  of  the  same  in  numbers  and  in  value  voting  at  such 
election  shall  have  voted  therefor. 

Art.  248.  (Free  Schools;  for  Whom;  Apportionment  of 
Funds.) — There  shall  be  free  public  schools  for  the  white  and 
colored  races,  seperately  established  by  the  General  Assem- 
bly, throughout  the  State,  for  the  education  of  all  the  children 
of  the  State  between  the  ages  of  six  and  eighteen  years;  pro- 


4  CONSTITUTIONAL,  PROVISIONS. 

vided,  that  where  kindergarten   schools  exist,   children  be- 1 
tween  the  ages  of    four  and  six  may  be  admitted  into  said  ! 
schools.     All  funds  raised  by  the  State  for  the  support  of 
public  schools,  except  the  poll  tax,  shall  be  distributed  to 
each  parish  in  proportion  to  the  number  of  children  therein 
between  the  ages  of  six  and  eighteen  years.     The  General 
Assembly,  at  its  next  session  shall  provide  for  the  enumera- 
tion of  educable  children. 

Art.  249.  (State  Superintendent.) — There  shall  be  elected 
by  the  qualified  electors  of  the  State  a  Superintendent  of 
Public  Education,  who  shall  hold  his  office  for  the  term  of 
four  years,  and  until  his  successor  is  qualified.  His  duties 
shall  be  prescribed  by  law,  and  he  shall  receive  an  annual 
salary  of  two  thousand  dollars.  The  aggregate  annual  ex- 
penses of  his  office,  including  his  salary,  shall  not  exceed  the 
sum  of  four  thousand  dollars. 

Art.  250.  (State  Board  of  Education;  Parish  Boards  and 
Officers.) — The  General  Assembly  shall  provide  for  the  crea- 
tion of  a  State  Board  and  Parish  Boards  of  Public  Education. 
The  Parish  Boards  shall  elect  a  Parish  Superintendent  of 
Public  Education  for  their  respective  parishes,  whose  quali- 
fications shall  be  fixed  by  the  Legislature,  and  who  shall  be 
ex-officio  secretary  of  the  Parish  Board.  The  salary  of  the 
Parish  Superintendent  shall  be  provided  for  by  the  General 
Assembly,  to  be  paid  out  of  the  public  school  funds  accruing 
to  the  respective  parishes. 

Art.  251.  (French  May  be  Taught.) — The  general  exercises 
in  the  public  schools  shall  be  conducted  in  the  English  lan- 
guage; provided,  that  the  French  language  may  be  taught  in 
those  parishes  or  localities  where  the  French  language  pre- 
dominates, if  no  additional  expense  is  incurred  thereby. 

At.  252.  (Application  of  the  Poll  Tax.)— The  funds  de- 
rived from  the  collection  of  the  poll  tax  shall  be  applied  ex- 
clusively to  the  maintenance  of  the  public  schools  as  or- 
ganized under  this  Constitution,  and  shall  be  applied  exclu- 
sively to  the  support  of  the  public  schools  in  the  parish  in 
which  the  same  shall  be  collected,  and  shall  be  accounted  for; 
and  paid  by  the  collecting  officer  directly  to  the  treasurer  of 
the  local  school  board. 

Art.  253.     (Sectarian    Schools    Cannot    Receive    Public 
School  Funds.) — No  funds  raised  for  the  support  of  the  public' 
schools  of  the  State  shall  be  appropriated  to  or  used  for  the 
support  of  any  private  or  sectarian  schools. 

Art.  254.  (School  Funds— Of  what  they  Shall  Consist.)— 
The  school  funds  of  the  State  shall  consist  of:  1st.  Not  less 
than  one  and  one  Quarter  mills  of  the  six  mills  tax  levied  and 
collected  by  the  State.  2d.  The  proceeds  of  taxation  for 
school  purposes  as  provided  by  this  Constitution.  3d. 
The  interest  on.  the  proceeds  of  all  public  lands  heretofore 


CONSTITUTIONAL  PORVISIONS.  5 

granted  or  to  be  granted  by  the  United  States  for  the  support 
of  the  public  schools,  and  the  revenue  derived  from  such  lands 
as  may  remain  unsold.  4th.  Of  lands  and  other  property 
heretofore  and  hereafter  bequeathed,  granted,  or  donated'  to 
the  State  for  school  purposes.  5th.  All  funds  and  property, 
other  than  unimproved  lands,  bequeathed  or  granted  to  the 
State,  not  designated  for  any  other  purpose.  6th.  The  pro- 
ceeds of  vacant  estates  falling  under  the  law  to  the  State  of 
Louisiana.  7th.  The  legislature  may  appropriate  to  the 
game  fund  the  proceeds  of  public  lands  not  designated  or  set 
apart  for  any  other  purpose,  and  shall  provide  that  every 
parish  shall  levy  a  tax  for  the  public  schools  therein,  which 
shall  not  exceed  the  entire  State  tax;  provided,  that  with 
such  a  tax  the  whole  amount  of  parish  taxes  shall  not  exceed 
the  limits  of  parish  taxation  fixed  by  this  Constitution.  The 
-City  of  New  Orleans  sihall  make  such  appropriations  for  the 
support,  maintenance  and  repair  of  the  public  schools  of  said 
city  as  it  may  deem  proper,  but  not  less  than  eight  tenths  of 
one  mill  for  one  year;  and  said  schools  shall  continue  to  receive 
from  the  Board  of  Liquidation  of  the  City  Debt,  the  amounts 
to  which  they  are  now  entitled  under  the  Constitutional 
amendment,  adopted  in  the  year  1892. 

Art.  255.  (State  University  and  A.  and  M.  College.) — 
The  Louisiana  State  University  and  Agricultural  and  Me- 
chanical College,  founded  upon  the  land  grants  of  the 
United  States  to  endow  a  seminary  of  learning  and  a 
college  for  the  benefit  of  agriculture  and  mechanic  arts, 
now  established  and  located  in  the  City  of  Baton  Rouge, 
is  hereby  recognized;  and  all  revenues  derived  and  to 
be  derived  from  the  seminary  fund,  the  Agricultural  and 
Mechanical  College  fund,  and  other  funds  or  lands  donated 
or  to  be  donated  by  the  United  States  to  the  State  of 
Louisiana  for  the  use  of  a  seminary  of  learning  or  of  a 
college  for  the  benefit  of  agriculture  or  the  mechani;-  aits,  shall 
be  appropriated  exclusively  to  the  maintenance  and  support 
of  the  said  Louisiana  State  University  and  Agricultural  and 
Mechanical  College;  and  the  General  Assembly  shall  make 
such  additional  appropriations  as  may  be  necessary  for  its 
maintenance,  support,  and  improvement,  and  for  the  estab- 
lishment, in  connection  with  said  institution,  of  such  addi- 
tional scientific  or  literary  departments  as  the  public  neces- 
sities and  the  well  being  of  the  people  of  Louisiana  may 
require;  provided,  that  the  appropriations  shall  not  exceed 
fifteen  thousand  dollars  per  annum  for  its  maintenance  and 
support. 

The  Tulane  University  of  Louisiana,  located  in  New  Or- 
leans, is  hereby  recognized  as  created  and  to  be  developed 
in  accordance  with  the  provisions  of  the  legislative  act  No. 


6  CONSTITUTIONAL  PROVISIONS. 

43,  approved  July  5th,  1884,  and  by  approval  of  the  electors, 
made  part  of  the  Constitution  of  the  Stale. 

Art.  256.  (Other  State  Schools.)  The  Louisiana  State 
Normal  School,  established  and  located  at  Natcbitocbes;  the 
Industrial  Institute  and  College  of  Louisiana,  whose  name 
is  hereby  changed  to  the  Louisiana  Industrial  Institute,  estab- 
lished and  located  at  Huston;  and  the  Southern  University, 
now  established  in  the  city  of  New  Orleans,  for  the  education 
of  persons  of  color,  are  hereby  recognized;  and  the  General 
Assembly  is  directed  to  make  such  appropriations  from  time 
to  time  as  may  be  necessary  for  the  maintenance,  support  and 
improvement  of  these  institutions;  provided,  that  the  appro- 
propriation  for  the  maintenance  and  support  of  the  Louisiana 
Industrial  Institute  shall  not  exceed  fifteen  thousand  dollars 
per  annum,  and  that  for  the  Southern  University  shall  not 
exceed  ten  thousand. 

Art.  257.  (Interest  Due  the  Townships.) — The  debt  due 
by  the  State  to  the  free  school  fund  is  hereby  declared  to  be 
the  sum  of  one  million,  one  hundred  and  thirty  thousand, 
eight  hundred  and  sixty  seven  dollars  and  fifty-one  cents  in 
principal,  and  shall  be  kept  on  the  books  of  the  Auditor  and 
Treasurer  to  the  credit  of  the  several  townships  entitled  to 
the  same;  the  said  principal  being  the  proceeds  of  the  sales 
of  lands  heretofore  granted  by  the  United  States  for  the  use 
and  support  of  free  public  schools,  which  amount  shall  be 
held  by  the  State  as  a  loan,  and  shall  be  and  remain  a  per- 
petual fund,  on  which  the  State  shall  pay  an  annual  interest 
of  four  per  cent,  and  said  interest  shall  be  paid  to  the  several 
townships  of  the  State  entitled  to  the  same,  in  accordance 
with  the  Act  of  Congress,  No.  68,  approved  Februrary  15th, 
1843. 

Art.  258.  (Debt  Due  Seminary  Fund.)  The  debt  due  by 
the  State  to  the  seminary  fund  is  hereby  declared  to  be  one 
hundred  and  thirty-six  thousand  dollars,  being  the  proceeds 
of  the  sale  of  lands  heretofore  granted  by  the  United  States 
to  this  State  for  the  use  of  a  seminary  or  learning,  and  said 
amount  shall  be  kept  to  the  credit  of  said  fund  on  the  books 
of  the  Auditor  and  Treasurer  of  the  State  as  a  perpetual  loan, 
and  the  State  shall  pay  an  annual  interest  of  four  per  cent 
on  said  amount. 

Art.  259.  (Debt  Due  A.  and  M.  College.)  The  debt  due 
by  the  State  to  the  Agricultural  and  Mechanical  College  fund 
is  hereby  declared  to  be  the  sum  of  one  hundred  and  eighty  - 
two  thousand  three  hundred  and  thirteen  dollars  and  three 
cents,  being  the  proceeds  of  the  sale  of  lands  and  land  scrip 
heretofore  granted  by  the  United  States  to  this  State  for  the 
use  of  a  college  for  the  benefit  of  agricultural  and  mechaircal 
arts;  the  said  amount  shall  be  kept  to  the  credit  of  said  fund 
on  the  books  of  the  Auditor  and  Treasurer  of  the  State  as  a 


CONSTITUTIONAL  PROVISIONS.  7 

perpetual  loan,  and  the  State  shall  pay  an  annual  interest 
of  five  per  cent  on  said  amount. 

Art.  #GO.  (How  Interest  shall  be  Paid.)  The  interest  due 
on  the  free  school  fund,  the  seminary  fund  and  the  Agricul- 
tural and  Mechanical  College  fund,  shall  be  paid  out  of  any 
tax  that  may  be  levied  and  collected  for  the  payment  of  the 
interest  on  the  State  debt. 

Art.  261.  (School  Books  for  Indigent  Pupils.)  All  pupils 
in  the  primary  grades  in  the  public  schools  throughout  the 
Parish  of  Orleans,  unable  to  provide  themselves  with  the  re- 
quisite books,  an  affidavit  to  that  effect  having  been  made  by 
one  of  the  parents  of  such  pupils.,  or  if  such  parents  be  dead, 
then  by  the  tutor  or  other  person  in  charge  of  such  pupils, 
shall  be  furnished  with  the  necessary  books,  free  of  expense, 
to  be  paid  out  of  the  school  fund  of  said  parish;  and  the 
School  Board  of  the  Parish  of  Orleans  is  hereby  directed  to 
appropriate  annually  not  less  than  two  thousand  dollars  for 
the  purpose  named,  provided  such  amount  be  needed. 


.A-OI'S    OIH1 


STATE  UNIVERSITY. 

No.  75.] 

AN  ACT 

To  amend  and  re-enact  Section  6  of  Act  145  of  the  Acts  of 
1876,  consolidating  the  Louisiana  State  University  and 
the  Agricultural  and  Mechanical  College. 
Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana;  That  Section  6  of  Act  145  of  1876,  be  amended  and 
re-enacted  so  as  to  read  as  follows:  That  the  Governor  of  the 
State  shall  be  a  member  and  ex-officio  president  of  the  Board 
of  Supervisors  and  the  State  Superintendent  of  Public  Educa- 
tion and  the  President  of  the  Faculty  of  the  University  shall 
also  be  members  ex-officio  of  said  Board,  and  the  twelve  re- 
maining members  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  Senate,  provided,  that  ^t 
least  six  of  the  fifteen  supervisors  of  the  University  shall  have 
been  students  of  the  Louisiana  State  University  or  of  the 
Louisiana  State  University  anct  Agricultural  and  Mechanical 
College,  and  shall  have  taken  degrees  and  be  titled  graduates 
of  one  of  said  institutions. 

At  least  one  member  of  said  Board  of  Supervisors  shall 
be  appointed  from  the  parish  of  East  Baton  Rouge. 

Whenever  a  vacancy  occurs  in  said  Board  for  any  cause 
the  same  shall  be  filled  for  the  unexpired  term.  The  terms  of 
office  of  the  present  members  of  the  Board  of  Supervisors  as 
now  constituted  under  appointements  heretofore  made,  shall 
in  no  manner  be  abridged,  terminated  or  affected  by  the  pro- 
visions of  this  act,  but  whenever  a  vacancy  shall  hereafter  oc- 
cur for  any  cause  in  the  Board  of  Supervisors,  the  same  shall 
be  filled  by  the  appointment  of  a  titled  graduate  of  one  of  said 
institutions  until  at  least  six  titled  graduates  aforesaid  shall 
be  members  of  said  Board  of  Supervisors,  and  said  Board  shall 
be  thereafter  so  constituted  and  maintained. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  9th,  1896. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  T.  MICHEL, 
Secretary  of  State. 


SCHOOL,    ACTS  OF  1896. 

STATE  BOARD  OF  EDUCATION. 


No.  85.] 

AN  ACT 

To  amend  and  re-enact  Section  1,  2,  and  18  of  Act  No.  81  of 
1888,  entitled  "An  act  in  relation  to  free  public  schools, 
and  to  regulate  public  education  in  the  State  of  Louis- 
iana; to  provide  a  revenue  for  the  same,  and  impose  cer- 
tain penalties;  to  apply  fines  imposed  by  district  courts, 
and  amounts  collected  on  bonds,  to  the  payment  of  public 
education,  and  to  provide  for  payment  of  unpaid  balances 
due  to  the  public  school  teachers  of  New  Orleans,  for  the 
years  eighteen  hundred  and  eighty  (1880),  eighteen  hun- 
dred and  eighty-one  (1881),  eighteen  hundred  and  eighty- 
two  (1882),  and  eighteen  and  eighty-four  (1884.) 
Section  1.    (State  Board  of  Education.) — Be  it  enacted  by 
the  General  Assembly  of  the  State  of  Louisiana,  that  Section 
1  of  Act  81  of  1888,  be  amended  and  re-enacted  so  as  to  read 
as  follows: 

The  Governor  and  the  Superintendent  of  Public  Educa- 
tion and  the  Attorney  General,  together  with  six  citizens  to 
be  appointed  by  the  Governor,  one  from  each  Congressional 
district  of  the  State,  shall  be  a  body  politic  and  corporate  by 
the  name  and  style  of  the  State  Board  of  Education  for  the 
State  of  Louisiana,  with  authority  to  sue  and  defend  suits  in 
all  matters  relating  to  the  interests  of  the  public  schools. 

The  above  specified  six  citizens  shall  receive  as  compensa- 
tion for  their  services,  in  attending  the  meetings  of  the  Board 
their  actual  traveling  expenses  and  per  diem  for  the  number 
of  days  that  the  Board  is  in  session,  the  same  as  members  of 
the  State  Legislature,  payable  on  their  warrants,  approved 
by  the  President  or  acting  President  of  the  Board. 

The  Board  may  appoint  a  Secretary,  whose  salary  shall 
not  exceed  $300.00  (Three  Hundred  Dollars)  a  year,  and  shall 
be  fixed  by  the  Board,  payable  semi-annually  on  the  warrant 
of  the  President  of  the  Board. 

Sec.  2.  (Publication  of  Proceedings.) — Be  it  further  en- 
acted, etc.,  That  Section  2  of  Act  81,  of  1888  shall  be  amended 
and  re-enacted  so  as  to  read  as  follows: 

The  Governor  shall  be  ex-officio  President.  The  Board 
shall  meet  on  or  before  the  first  Monday  of  December  of  each 
year,  and  at  other  times  upon  the  call  of  the  State  Superin- 
tendent. All  papers,  documents,  and  records  appertaining  to 
the  Board  shall  be  filed  by  the  Secretary  in  the  office  of  the 
State  Superintendent  of  Public  Education.  The  State  Super- 
intendent may  publish,  if  he  sees  fit,  or  at  the  request  of  the 
Board,  the  proceedings  of  the  State  Board  of  Education  in 


10  SCHOOL     ACTS     OF    1896. 

the  official  journal  of  the  State,  or  in  an  official  pamphlet,  as 
he  sees  fit. 

The  acts  of  the  Board  shall  be  attested  by'the  President. 
Sec.  3.     (Ex-Officio  Positions  of  State  Superintendent.)— 
Be  it  further  enacted,  etc.,  That  Section  18  of  Act  81  of  1888 
shall  be  amended  and  re-enacted  so  as  to  read  as  follows: 

The  State  Superintendent  of  Public  Education  shall 
have  general  supervision  of  all  Parish  School  Boards  in  the 
parishes,  and  of  all  Common,  High,  or  Normal  Schools  of  the 
State,  and  shall  see  that  the  school  system  of  the  State  is 
carried  into  effect  properly.  He  shall  be  ex-officio  a  member 
of  the  Board  of  Supervisors  of  the  State  University  and  Agri- 
cultural and  Mechanical  College,  the  State  Normal  School, 
the  State  Industrial  School  at  Euston,  the  Institute  for  the 
Deaf  and  Dumb,  and  the  Institution  for  the  Blind,  and  all 
other  institutions  of  learning  under  the  control  of  the  State. 
He  shall  visit  all  the  parishes  of  the  State,  whenever 
practicable,  at  least  once  a  year,  and  shall  give  due  notice  of 
the  time  of  his  visit  to  the  Parish  Superintendent,  whose  duty 
it  shall  be  to  meet  and  confer  with  the  State  Superintendent  on 
all  matters  connected  with  the  interests  of  the  Common 
Schools  of  the  parish.  His  expenses  incurred  in  the  discharge 
of  this  duty  shall  be  paid  out  of  the  general  fund,  but  shall 
not  exceed  the  amount  appropriated  per  annum  for  the  pur- 
pose. 

Sec.  4.  Be  it  further  enacted,  etc..  That  all  laws,  or  parts 
of  laws  in  conflict  with  the  foregoing  be  and  the  same  are 
hereby  repealed. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  9th,  1896. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  T.  MICHEL, 
Secretary  of  State. 


STATE  NORMAL  SCHOOL. 
No.  91.] 

AN  ACT 

To  amend  and  re-enact  Section  9  of  Act  No.  73,  of  1892. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  Section  9  of  Act  No.  73,  of  iS92,  be 
amended  and  re-enacted  so  as  to  read  as  follows: 

Sec.  9.  (State  Normal  School  Diplomas.)— The  Board  of 
Administrators  of  the  State  Normal  School  is  hereby  empow- 


SCHOOL    ACTS    OF    1896.  11 

ered  to  confer  diplomas  upon,  all  graduates  of  said  school. 
This  diploma  shall  entitle  the  holder  to  a  first  grade  teacher's 
certificate  without  examination,  and  shall  be  valid  in  any  part 
of  the  State  for  four  rears  from  the  date  of  graduation,  after 
the  expiration  of  which  time  it  may  be  renewed  every  four 
years,  for  the  same  period,  by  said  Board  of  Administrators 
upon  satisfactory  evidence  of  the  ability,  progress  and  moral 
character  of  the  teacher  making  application  for  such  renewal. 
Furthermore,  the  diploma  of  the  State  Normal  School  shall 
entitle  its  holder  to  such  degree  of  preference  in  the  selection 
of  teachers  for  the  Public  Schools  of  the  State  as  may  be 
deemed  wise  and  expedient  by  the  State  Board  of  Education. 

Sec.  •>.  Be  it  further  enacted,  etc.,  That  all  laws,  or  parts 
of  lav, :-,  in  conflict  with  the  provisions  of  this  Act  be  and  the 
same  are  hereby  repealed. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  9th,  1896. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  f.  MICHEL, 
Secretary  of  State. 


EXPROPRIATIONS. 

No.  96.] 

AN  ACT 

To  amend  and  re-enact  Section  Fourteen  Hundred  and  Sev- 
enty-nine (1479)  of  the  Revised  Statutes  of  the  State  of 
Louisiana  as  amended  by  Act  117  of  1886,  and  to  provide 
for  the  expropriation  of  property  for  purposes  of  Charity 
Hospitals  and  of  Public  Schools. 

Section  1.  (Expropriation  of  Property  for  Public  Schools.) 
—Be  it  enacted  by  the  General  Assembly  of  the  State  of  Lou- 
isiana, that  Section  1479  of  the  Revised  Statutes  of  the  State 
of  Louisiana  be  amended  and  re-enacted  so  as  to  read  as  fol- 
lows: 

Whenever  the  State  or  any  political  corporation  of  the 
same,  created  for  the  purpose  of  exercising  any  portion  of  the 
government  powers  in  the  same,  or  the  Board  of  Administra- 
tors of  any  Charity  Hospital  or  any  Board  of  Public  School 
Directors  thereof,  or  any  corporation  constituted  under  the 
laws  of  this  State  for  the  construction  of  a  railroad,  plank 
road,  turn  pike,  road  or  canal  for  navigation  or  for  the  pur- 
pose of  transmitting  intelligence  by  magnetic  telegraph,  can- 


12  SCHOOL    ACTS    OF    1896. 

not  agree  with  the  owner  of  any  Jand  which  may  be  wanted 
for  its  purchase,  it  shall  be  lawful  for  such  State  Corporation 
or  Board  to  apply,  by  petition,  to  the  District  Court  in  which 
the  same  may  be  situated;  or,  if  it  extends  into  two  Districts, 
to  the  Judge  of  either  District  Court  in  which  the  owner  re- 
sides; and  if  the  owner  does  not  reside  in  either  District,  then 
to  either  of  the  District  Courts,  describing  the  lands  necessary 
for  the  purpose,  with  a  plan  of  the  same  and  a  statement  of 
the  improvements  thereon,  if  any,  and  the  name  of  the  owner 
thereof,  if  known,  at  present  .in  the  State,  with  a  prayer  that 
the  land  be  adjudged  to  such  State,  corporation  or  board  upon 
payment  to  the  owner  of  all  such  damages  as  he  may  sustain 
in  consequence  of  the  expropriation  of  his  land  for  such  pub- 
lic works;  all  claims  for  land  or  damages  to  the  owner  caused 
by  its  taking  or  expropriation  for  such  public  works  shall  be 
barred  by  two  (2)  years  prescription,  which  shall  commence 
to  run  from  the  date  at  which  the  land  was  actually  occupied 
and  used  for  the  construction  of  the  works. 

Sec.  2.  Be  it  further  enacted,  etc.,  That  all  the  existing 
laws  for  the  form  and  process  of  expropriation  of  property 
shall  be  applicable  to  the  said  section  as  thus  amended  and  re- 
enacted. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 
Lieutenant  Governor  and  President  of  the  Senate. 


TEACHERS'  INSTITUTES. 
No.  111.] 

AN  ACT 

Relative  to  State  and  Parish  Teachers'  Institutes,  and  amend- 
ing and  re-enacting  Act  No.  64  of  1894,  entitled,  "An  Act 
to  provide  for  holding  State  Teachers'  Institutes  in  the 
several  parishes." 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Louisiana,  that  Act  No.  64  of  1894  be  amended  and  re-enacted 
so  as  to  read  as  follows: 

Section.  1.  (Institute:  Time  and  Place,  Notice.) — BQ  it  en- 
acted, etc.,  That  as  a  means  of  improving  and  making  more 
efficient  the  Public  Schools  of  the  State  of  Louisiana,  and 
awakening  a  deeper  public  interest  in  said  schools,  the  State 
Superintendent  of  Public  Education  and  the  President  of  the 
State  Normal  School  shall  cause  to  be  held  each  year  a,s  many 
State  Teachers'  Institutes  or  Summer  Normal  Schools  of  not 
less  than  four  consecutive  weeks  each,  as  the  funds  at  their 
disposal  may  warant,  at  such  time  and  places  as  they,  with  the 
advice  of  the  respective  Parish  Superintendents  of  Public  Edu- 


SCHOOL    ACTS   OF  1896.  13 

cation,  may  determine.  They  shall  give  notice  of  the  time  and 
place  elected  for  each  State  Institute  at  least  thirty  days  be- 
fore the  beginning  of  said  Institute. 

Sec.  2.  (Institute  Conductor.) — Be  it  further  enacted,  etc., 
That  the  State  Superintendent  of  Public  Education  and  the 
President  of  the  State  Normal  School  shall  select  an  expe- 
rienced Institute  Conductor,  who  shall  have  general  charge  of 
the  State  and  Parish  Institutes  provided  for  in  this  Act,  and 
whose  salary  for  that  service  shall  not  exceed  one  thousand 
($1000)  dollars  per  annum,  payable  out  of  any  funds  donated 
by  the  Board  of  Trustees  of  the  Peabody  Education  Fund  or 
appropriated  by  the  General  Assembly  of  the  State  of  Louis- 
iana for  Institute  purposes. 

Sec.  3.  (Term  of  Conductor.) — Be  it  further  enacted,  etc., 
That  said  Institute  Conductor  shall  be  appointed  for  one  year, 
and  shall  be  ex-officio  a  member  of  the  faculty  of  the  State 
Normal  School,  performing  therein  such  services  and  receiv- 
ing such  compensation  therefor  as  the  Board  of  Administrators 
of  said  institution  may  determine. 

Sec.  4.  (Assistants.) — Be  it  further  enacted,  etc.,  That  said 
Institute  Conductor  shall  be  assisted  in  the  work  by  members 
of  the  faculty  of  the  State  Normal  School  and  by  such  other 
assistants  as  the  State  Superintendent  of  Public  Education 
and  the  President  of  the  State  Normal  School  may  select ;  pro- 
vided, that  members  of  the  State  Normal  School  faculty  shall 
receive  no  compensation  other  than  their  actual  traveling  ex- 
penses for  Institute  work  done  during  the  session  of  said  in- 
stitutions; but  for  Institute  work  done  during  the  vacation  of 
said  Normal  School,  they  in  common  with  the  other  assistants, 
shall  receive  such  remuneration  as  the  State  Institute  man- 
agers may  deem  sufficient,  payable  out  of  any  funds  derived 
from  the  Peabody  fund  or  appropriated  by  State,  parish  or 
locality  for  Institute  purposes. 

Sec.  5.  (Parish  Institutes  Mandatory.) — Be  it  further  en- 
acted, etc.,  That  every  Parish  Superintendent  be  and  is  hereby 
not  only  empowered,  but  required,  to  hold  an  institute  of  one 
week  every  year  for  teachers  of  his  parish,  according  to  a  pro- 
gramme made  out  by  the  State  Institute  Conductor,  and  ap- 
proved by  the  State  Superintendent  of  Public  Education  and 
the  President  of  the  State  Normal  School.  Said  Parish  In- 
stitute shall  be  held  at  some  convenient  locality,  and  every 
teacher  then  employed  in  said  parish,  or  who  expects  to  be 
employed  for  the  next  session  of  the  schools,  shall  be  required 
to  attend  said  institute.  Public  notice  of  the  time  and  place 
of  this  institute  shall  be  given  at  least  thirty  days  before  the 
opening  thereof.  The  expenses  of  said  Parish  Institute  shall 
be  defrayed  by  the  Parish  School  Board  out  of  the  examina- 
tion fees  of  teachers,  or  any  other  funds  at  their  disposal. 


14  SCHOOL    ACTS    OF    1896. 

Sec.  6.  (State  Institute  Managers.) — Be  it  further  enacted, 
etc.,  That  the  State  Superintendent  of  Public  Education  and 
the  President  of  the  State  Normal  School,  with  the  State  In- 
stitute Conductor,  shall  be  known  as  the  State  Institute  Man- 
agers, and  shall  prescribe  the  order  and  character  of  the  In- 
stitute exercises  and  such  other  details  as  may  be  deemed 
necessary. 

Sec.  7.  (Notice  to  Teachers.) — Be  it  further  enacted,  etc., 
That  the  Parish  Superintendent,  with  the  advice  of  the  State 
Institute  Conductor,  shall  make  all  necessary  arrangements 
for  the  State  and  parish  teachers'  institutes  to  be  held  in  this 
parish,  and  shall  do  everything  in  his  power  to  insure  their 
success.  He  shall  give  to  every  public  school  teacher  of  his 
parish,  required  by  law  to  attend  the  institute,  at  least  fifteen 
days'  written  notice  of  the  time  and  place  of  the  meeting  of  the 
institute,  and  shall  order  all  the  public  schools  of  his  parish 
to  be  closed  during  the  session  of  the  institute. 

Sec.  8.  (Penalty  for  Non- Attendance.) — Be  it  further  en- 
acted, etc.,  That  any  public  school  teacher  failing  to  attend 
the  State  or  parish  institute  held  in  his  parish,  without  an  ex- 
cuse satisfactory  to  the  Board  of  School  Directors  thereof, 
shall  immediately  upon  the  demand  of  the  Parish  Superin- 
tendent, forfeit  his  certificate  and  lose  his  position. 

Sec.  9.  (Leave  of  Absence  from  Schools,  etc.) — Be  it  fur- 
ther enacted,  etc..  That  the  School  Superintendent  of  every 
parish  in  wrhich  no  State  Institute  is  to  be  held  during  theyear 
shall  encourage  and  urge  the  public  school  teachers  of  his 
parish  to  attend  the  nearest  State  Institute,  granting  them 
leave  of  absence  from  their  school  duties;  providing,  that  in 
all  cases  where  the  school  session  is  actually  in  progress,  or 
is  to  be  begun  during  the  time  of  holding  either  the  State  or 
the  Parish  Institute,  whether  the  former  be  held  in  his  own 
parish  or  not,  the  time  thus  consumed  by  the  teacher  in  at- 
tendance upon  the  institute  shall  be  extended  to  him  after  the 
institute  shall  have  been  held,  and  he  shall  be  required  to 
teach  the  full  term  for  which  he  has  contracted. 

Sec.  10.  (Certificates  of  Attendance.)— Be  it  further  en- 
acted, etc.,  That  the  State  Institute  Conductor  or  his  assistant 
conductors  shall  issue  certificates  of  attendance  to  every 
teacher  present  during  the  whole  session  of  the  State  or  parish 
teacher's  institute,  and  the  parish  boards  of  school  directors 
shall  give  preference,  other  things  being  equal,  to  the  holders 
of  said  certificates,  in  the  selection  of  teachers  for  the  public 
schools. 

Sec.  11.  (Institute  Reports.)— Be  it  enacted,  etc.,  That  the 
State  Institute  Conductor  shall  annually  make  an  exhaustive 
report  of  the  State  Teachers'  Institutes,' and  shall  submit  this 
report  with  a  detailed  account  of  all  institute  funds  received 


oCHOOL    ACTS    OF    1896.  15 

and  disbursed  by  him,  to  the  President  of  the  State  Normal 
School,  who  shall  transmit  said  report  to  the  State  Superinten- 
dent of  Public  Education  for  publication  in  his  biennial  report 
to  the  General  Assembly. 

Sec.  12.  Be  it  further  enacted,  etc.,  That  all  laws  or  parts 
of  laws  in  conflict  with  the  provisions  of  this  Act  be  and  the 
same  are  herebv  repealed. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives, 

R.  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  9,  1896. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  T.  MICHEL, 
Secretary  of  State. 


OIF1    ±898. 


SCHOOL  INDEMNITY  LANDS. 

Act  No.  87.] 

AN  ACT 

To  amend  and  re-enact  Act  No.  152  of  the  Acts  of  1890,  to  pro- 
vide for  the  sale  of  school  indemnity  lands. 
Section  1.     Be  it  enacted  by  the  General  Assembly  of  the 
State  of  ^Louisiana,  That  all  lands  now  owned  by  or  which 
may  hereafter  inure  to  the  State  from  the  United  States  Gov- 
ernment, as  indemnity  for  school  lands,  shall  be  disposed  of  as 
hereinafter  provided. 

Section  2.  Be  it  further  enacted,etc.,  That  the  Kegister  of 
the  State  Land  office  shall  have  advertised  for  the  sale  at  pub- 
lic auction,  for  thirty  clear  days,  a  list  of  the  lands  to  be  sold  ; 
the  publication  to  be  made  in  a  newspaper  published  in  the 
parish  where  the  land  to  be  sold  is  situated,  and  no  land  to  be 
sold  need  be  advertised  in  any  paper  outside  of  the  parish 
where  the  land  to  be  sold  is  situated;  provided  that  no  im- 
proved lands  shall  be  advertised  under  the  foregoing  provis- 
ions unless  requested  by  the  Board  of  School  Directors  of  the 
parish  in  which  the  land  is  located. 

Section  3.  Be  it  further  enacted,  etc.,  That  the  land  shall 
be  sold  at  public  auction  at  the  office  of  the  Register  of  the 
State  Land  office  and  shall  be  adjudicated  to  the  last  and  high- 
est bidder;  provided  in  no  case  shall  it  be  sold  for  less  than  two 
dollars  and  a  half  per  acre. 

Section  4.  Be  it  further  enacted,  etc.,  That  any  land 
which  fails  ta  bring  the  price  of  two  dollars  and  a  half  per 
acre  when  offered  at  auction  shall  thereafter  be  subject  to  pri- 
vate sale  at  two  dollar®  and  a  half  per  acre. 

Section  5.  Be  it  further  enacted,  etc.,  That  it  shall  be  the 
duty  of  the  Kegister  to  deposit  in  the  State  Treasury  to  the 
credit  of  the  various  school  boards  entitled  to  receive  the  same 
the  proceeds  of  the  sale  of  all  indemnity  school  lands  after 
paying  the  expense  of  advertising. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate, 
Approved  July  9th,  1898. 

MURPHY  J,  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  t  me  -copy: 

JOHN  T.  MICHEL, 
Secretary  of  State. 


SCHOOL    ACTS    OF    1898  17 

PARISH  SUPERINTENDENT. 
Act  No.  92.] 

AN  ACT 

To  amend  and  re-enact  Section  25  of  Act  81  of  1888,  entitled, 
"An  act  in  relation  to  free  public  schools  and  to  regulate 
public  education  in  the  State  of  Louisiana;  to  provide  a 
revenue  for  the  same  and  to  impose  certain  penalties  and 
to  apply  fines  imposed  by  the  district  court,  and  amounts 
collected  on  bonds,  to  the  purpose  of  public  education,  and 
to  provide  for  the  payment  of  unpaid  balances  due  to  the 
public    school    teachers  of  New  Orleans,  for  the  years 
eighteen   hundred  and   eighty   (1880),   eighteen   hundred 
and  eighty-one  (1881),  eighteen  hundred  and  eighty-two 
(1882),  and  eighteen  hundred  and  eighty-four  (1884). 
Section  1.     Be  it  enacted  by  the  General  Assembly  of  the 
State  of    Louisiana,  That    Section  25   of  Act  81  of    1888,  be 
amended  and  re-enacted  so  as  to  read  as  follows:    The  parish 
board  of  school  directors  j^hall  elect  a  parish  superintendent, 
who  shall  be  ex-officio  secretary  of  the  board,  in  each  parish 
of  the  State,  the  parish  of  Orleans  excepted,  who  shall  be  pos- 
sessed of  moral  character  and  ability  to  manage  the  common 
school  interests  of  the  parish,  and  who  shall  be  of  age  and  a 
qualified  elector.     His  salary  shall  be  fixed    by    the    parish 
school  board,  provided  that  in  no  case  shall  it  be  less  than  two 
hundred  dollars  (|200),  nor  more  than  twelve  hundred  dollars 
(|1200)  per  annum. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R,  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  12th,  1898. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  T.  MICHEL, 
Secretary  of  State. 


ENUMERATION  OF  YOUTH. 
Act  No.  129.] 

AN  ACT 
To  provide  for  the  enumeration  of  the  educable  children  of  the 

State,  and  to  fix  the  compensation  therefor. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  the  /vsessors  of  all  the  parishes  of 
the  State,  including  the  Board  of  Assessors  of  the  Parish  of 
Orleans,  shall  make  an  enumeration  of  ^  all  the  educable 
children  of  the  State  before  July  1st,  1899,  and  every  four  years 
thereafter. 


18  SCHOOL    ACTS    OF    1898. 

Section  2.  Be  it  further  enacted,  etc.,  That  it  shall  be  the 
duty  of  the  Assessors  and  the  Board  of  Assessors  of  the  Par- 
ish of  Orleans  to  make  a  correct  enumeration  by  giving  the 
names  of  the  educable  children,  between  the  ages  of  six  and 
eighteen  years  in  the  respective  parishes  by  race,  sex  and 
ward.  This  list  of  educable  children  shall  be  made  in  tripli- 
cate form,  and  written  in  ink.  One  list  shall  be  furnished  to 
the  Auditor  of  Public  Accounts,  one  list  to  the  State  Board  of 
Education,  and  one  list  to  the  Board  of  School  Directors  of 
the  Parish  in  which  the  enumeration  is  made.  It  shall  be  the 
duty  of  the  Assessors  and  the  Board  of  Assessors  of  the  par- 
ish "of  Orleans  to  swear  to  the  correctness  of  said  list  or  lists 
before  a  competent  officer,  who  shall  attach  a  certificate 
thereof  on  each  list  before  filing  them. 

Section  3.  Be  it  further  enacted,  etc.,  That  the  parish 
Boards  of  School  Directors  shall  pay  the  Assessors  four  cents 
for  the  enumeration  of  each  educable  child  in  their  respective 
parishes  on  the  approval  of  the  work  of  enumeration  by  the 
State  Board  of  Education,  which  shall  be  signified  to  the 
parish  Boards  by  the  Secretary  of  State  Board  under  seal. 
In  the  event  the  State  Board  of  Education  for  any  cause 
deems  the  enumeration  made  incorrect  or  improperly  made 
out,  it  shall  have  the  power  and  authority  to  order  a  new 
enumeration  in  the  parishes  where  the  inaccuracies  are  found, 
without  extra  compensation. 

Section  4.  Be  it  further  enacted,  etc.,  That  it  shall  be  the 
duty  of  the  Auditor  of  Public  Accounts  to  furnish  blank  forms 
ruled  to  set  forth  the  required  names  of  the  educable  children 
by  tvards,  with  the  race,  sex,  and  age  of  the  children,  to  the 
Assessors  and  the  Board  of  the  parish  of  Orleans. 

Section  5.  Be  it  further  enacted,  etc., That  in  case  of  wilful 
negligence  and  refusal  to  comply  with  the  provisions  of  this 
Act,  the  Governor  shall  have  the  power  and  authority  to  re- 
move any  Assessor  or  member  of  the  Board  of  Assessors  from 
office  for  such  refusal  or  negligence. 

Section  6.  Be  it  further  enacted,  etc.,  That  all  laws  or 
parts  of  laws  in  conflict  with  the  provisions  of  this  act 
be  and  are  hereby  repealed. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  13th,  1898. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  T.  MICHEL, 

Secretary  of  State.  : 


SCHOOL    ACTS   OF  1898.  If 

•PECIAL  ELECTION!.     IMPROVEMENTS. 

Act  Xo.  131.] 

AN  ACT 

To  prescribe  the  manner  in  which  special  elections  shall  be 
held  in  any  parish,  municipality,  ward,  or  school  district 
of  this  State,  for  the  purpose  of  levying  special  taxes  for 
the  support  of  public  schools,  and  for  the  purpose  of  erect- 
ing and  constructing  public  buildings,  public  school 
houses,  bridges,  wharves,  levees,  sewerage  work  and  other 
works  of  permanent  improvement,  the  title  to  which  shall 
be  in  the  public,  in  such  parish,  municipality,  ward,  or 
school  district,  and  to  carry  into  eiTect  Article  233,  of  the 
Constitution  of  1898. 

Section  1.  Be -it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  whenever  one-third  of  the  property 
tax-payers  of  any  parish,  municipality,  ward,  or  school  district 
in  this  State  shall  petition  the  Police  Jury  of  such  parish,  or 
the  municipal  authorities  of  such  municipality,  to  levy  a 
special  tax  for  the  support  of  public  schools,  and  for  the  pur- 
pose of  erecting  and  constructing  public  buildings,  public 
school-houses,  bridges,  wharves,  ievees,  sewerage  work  and 
other  works  of  permanent  public  improvement,  the  title  to 
which  shall  be  in  the  public,  the  said  Police  Jury  or  municipal 
authorities  shall  order  a  special  election  for  that  purpose,  and 
submit  to  the  property  tax-payers  of  each  parish,  municipality, 
ward,  or  school  district,  the  rate  of  taxation,  the  number  of 
years  it  is  to  be  levied  and  the  purposes  for  which  it  is  in- 
tended; provided,  that  said  election  be  held  under  the  general 
election  laws  of  the  State,  and  at  the  polling  places  at  which 
the  last  preceding  general  election  was  held,  and  not  sooner 
than  thirty  days  after  the  official  publication  of  the  petition 
and  ordinance  ordering  the  election. 

Section  2.  Be  it  further  enacted,  etc.,  That  the  petition 
mentioned  in  Section  1,  of  this  act  shall  be  in  writing,  and 
shall  designate  the  object  and  amount  of  the  tax  to  be  levied 
each  year,  and  the  number  of  years  during  which  it  shall  be 
levied. 

Section  3.  Be  it  further  enacted,  etc.,  That  if  a  majority 
in  number  and  value  of  the  property  tax-payers  of  such  parish, 
municipality,  ward  or  school  district  voting  at  such  election, 
shall  vote  in  favor  of  such  levy  of  said  special  tax,  then  the 
Police  Jury,  on  behalf  of  such  parish,  ward,  or  school  district, 
or  the  municipal  authorities,  authorities  for  and  on  behalf  of 
such  municipality  shall  immediately  pass  an  ordinance  levy- 
ing such  tax,  and  for  such  time  as  may  have  been  specified  in 
the  petition,  and  shall  designate  the  year  in  which  such  taxes 
shall  be  levied  and  collected. 


20  SCHOOL    ACTS    OF    1898. 

Section  4.  Be  it  further  enacted,  etc.,  That  all  tax-payers* 
voting  at  said  election  shall  be  registered  voters,  except 
women  tax-payers,  who  shall  vote  without  registration.  All 
tax-payers  entitled  to  vote  shall  do  so  in  person  except  women. 
who  shall  vote  either  in  person  or  by  their  agents,  authorized 
in  writing. 

Section  5.  Be  it  further  enacted,  etc.,  That  the  Police 
Jury  of  any  parish,  ward,  or  school  district,  or  the  municipal 
authorities  of  any  municipality,  shall,  when  the  vote  is  in 
favor  of  the  levy  of  such  taxes,  levy  and  collect  annually,  in 
addition  to  other  taxes,  a  tax  upon  all  taxable  property  within 
such  parish,  municipality,  ward,  or  school  district,  sufficient  to 
pay  the  amount  specified  to  be  paid  in  such  petition,  and  such 
police  jury  and  authorities  shall  have  the  same  right  to  en- 
force and  collect  any  special  tax  that  may  be  authorized  by 
such  election,  as  is  or  may  be  conferred  by  law  upon  them  for 
the  collection  of  other  taxes,  which  taxes  so  collected  shall  be 
used  for  the  purpose  named  in  said  petition,  and  in  the  case  of 
a  tax  being  named  for  the  support  of  a  public  school,  or  for 
the  purpose  of  erecting  a  public  school-house,  the  same  shall 
from  time  to  time,  as  the  same  is  collected,  be  paid  to  the 
board  of  school  directors  of  the  parish  in  which  said  tax  is- 
levied,  and  be  used  for  the  purpose  stated  in  said  petition. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  13th,  1898. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana, 
A  true  copy: 

JOHN  T.  MICHEL, 
Secretarv  of  State. 


TRANSFER  OF  FUHDS. 

Act  No.  104.] 

CONCURRENT  RESOLUTION. 

Whereas,  Art.  257,  of  the  Constitution,  fixes  the  debt  due  by 
the  State  to  the  Free  School  Fund  at  one  million,  one  hun- 
dred and  thirty  thousand,  eight  hundred  and  sixty-seven 
dollars  and  fifty-one  cents  ($1,130,867.51),  and 

Whereas,  an  annual  interest  of  four  per  cent,  is  required  by 
said  article  to  be  paid  on  said  sum,  and 

Whereas,  Art.  260  requires  the  interest  on  said  amount  to  be 
paid  out  of  any  tax  that  may  be  levied  and  collected  for 
the  payment  of  the  interest  on  the  State  debt,  and 

Whereas,  the  sum  of  forty-five  -thousand,  two  hundred  and 
thirty-four  dollars  and  seventy  cents  (f 45,234.70)  is  appro- 


SCHOOL    ACTS    OF    1898.  21 

priated  annually  for  the  purpose  of  paying  the  interest 
above  mentioned,  and 

Whereas,  according  to  the  amounts  credited  on  the  township 
ledger,  only  the  sum  of  thirty-eight  thousand,  one  hun- 
dred and  eighteen  dollars  and  three  cents  ($38,118.03)  is 
annually  used  in  paying  said  interest. 
Therefore,  Be  it  resolved  by  the  House  of  Representatives 
of  the  State  of  Louisiana,  the  Senate  concurring,  That  the  dif- 
ference between  the  amount  appropriated  and  the  amount 
-actually  used  in  paying  the  interest  on  the  several  townships 
be  and  the  same  is  hereby  transferred  annually  from  the  Inter- 
est Tax  Fund  to  the  Current  School  Fund,  and  that  the  Audi- 
tor of  Public  Accounts  be  and  he  is  hereby  directed  to  carry 
out  the  provisions  of  this  resolution. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

ALBERT  ESTOPINAL, 
President  pro  tern,  of  the  Senate. 
Approved  July  llth,  1898. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copj : 

JOHN  T.  MICHEL, 
Secretary  of  State. 

SOUTHERN  LOUISIANA  INDUSTRIAL  INSTITUTE. 

Act  No.  162.] 

AN  ACT 

To  create  and  establish  a  State  Industrial  Institute  for  the  Ed- 
ucation of  white  children  of  the  State  of  Louisiana  in  the 
arts  and  sciences. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That,  a  State  Industrial  Ins'itute  is  hereby 
established  for  the  education  of  the  white  children  of  the 
State  of  Louisiana,  in  the  arts  and  sciences. 

Said  Institute  shall  be  known  as  the  "Southwestern  Lou- 
isiana Industrial  Institute,"  and  shall  be  located  in  that  parish 
of  the  13th  Senatorial  District  which  will  offer  the  best  in- 
ducement therefor  to  the  Board  of  Trustees,  said  location  to 
be  made  by  the  Board  to  be  appointed  under  this  act,  pro- 
vided that  the  parish  selected  for  the  location  of  said  Institu- 
tion shall  donate  not  less  than  twenty-five  acres  of  land  and 
Five  Thousand  Dollars  to  said  Institution,  and  the  same  shall 
be  organized  as  hereinafter  provided ;  provided  further  that  in 
2ase  two  or  more  of  said  parishes  offer  the  same  inducements 
then  the  Board  of  Trustees  shall  select,  by  a  majority  vote, 
the  most  suitable  location  and  make  report  thereof  to  the 


22  SCHOOL    ACTS    OF    1898.  • 

General  Assembly  of  the  State  of  Louisiana,  at  its  next  ses- 
sion, together  with  such  recommendations  as  may  be  condu- 
cive to  the  best  interests  of  said  institution. 

Sec.  2.  Be  it  further  ^nacted,  etc.,  That  the  Governor  of 
the  State  shall  nominate  and  appoint,  by  and  with  the  advice 
and  consent  of  the  Senate,  one  person  from  each  Congres- 
sional District  of  this  State,  and  two  from  the  State  at  larger 
to  be  trustees,  and  to  serve  as  herein  provided.  Immediately 
after  they  shall  be  assembled,  in  consequence  of  their  first  ap- 
pointmnt,  they  shall  be  divided  by  lot  into  two  equal  classes, 
so  that  the  term  of  three  of  those  appointed  from  the  Con- 
gressional Districts,  and  one  appointed  from  the  State  at  large 
shall  expire  in  two  years,  and  the  term  of  the  other  half  shall 
expire  in  four  years  from  the  date  of  their  appointment;  so 
that  one  half  may  be  chosen  every  two  years.  Vacancies  shall 
be  filled  as  in  case  of  other  offices  in  this  State.  The  Gover- 
nor of  the  State  and  State  Superintendent  of  Public  Educa- 
tion shall  be  ex-officio  members  of  said  Board  of  Trustees* 
and  the  Governor  shall,  when  present,  act  as  president  of  the 
Board,  but  the  Board  shall  elect  one  of  their  number  Vi^e- 
President.  Five  of.  the  Trustees  shall  constitute  a  quorum 
for  the  transaction  of  business. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  the  Board  of 
Trustees  of  said  Institute  be  and  the  same  are  hereby  declared 
a  body  politic  and  corporate;  shall  be  domiciled  at  the  parish 
seat  of  the  parish  where  the  Institution  will  be  located;  shall 
sue  and  be  sued,  contract  and  be  contracted  with;  may  hold, 
purchase,  sell  and  convey  property,  whether  movable  or  im- 
movable, which  may  be  necessary  or  beneficial  in  carrying 
out  the  purposes  of  this  act.  Said  Board  of  Trustees  may 
provide  under  proper  regulations  and  rules  for  conferring 
degrees  and  awarding  diplomas  and  granting  certificates,  as 
•rewards  and  honors  for  learning  and  skill,  to  the  pupils  of  said 
Institute. 

Sec.  4.  Be  it  further  enacted,  etc.,  That  said  Board  of 
Trustees  shall  fix  the  time  or  times  for  regular  meetings,  and 
may  be  convened  at  any  time  the  Governor  as  ex-officio  Pres- 
ident may  deem  it  expedient  to  do  so,  in  order  to  transact 
business  connected  with  said  Institute. 

The  President  of  the  Faculty  and  teachers  shall  be  Secre- 
tary of  the  Board  of  Trustees,  and  he  shall  keep  in  a  welt 
bound  book,  a  record  of  the  proceedings  had  by  said  Board, 
and  his  compensation  for  this  service  shall  be  fixed  by  the 
Board;  provided  that  said  Board  may  elect  a  suitable  person 
as  Secretary  pro  tern,  to  act  until  the  Institute  be  put  in  oper- 
ation. 

Sec.  o.     Be  it  further  enacted,  etc.,  that  the  said  Board  cf 


SCHOOL    ACTS    OF    1898.  23 

Trustees  shall  possess  all  the  power  necessary  and  proper  for 
the  accomplishment  of  the  trust  reposed  in  them,  viz.:  The 
establishment  of  a  first-class  Industrial  Institute  for  the  edu- 
cation o.f  the  white  children  of  Louisiana  in  the  arts  and 
sciences,  at  which  such  children  may  acquire  a  thorough  aca- 
demic and  literary  education,  together  with  a  knowledge  of 
kindergarten  instruction,  of  telegraphy,  stenography  and  pho- 
tography, of  drawing,  painting,  designing  and  engraving  in 
their  industrial  applications ;  also  a  knowledge  of  fancy,  prac- 
tical and  general  needle-work;  also  a  knowledge  of  book- 
keeping and  agricultural  and  mechanical  art  together  with 
such  other  practical  industries  as,  from  time  to  time,  may  be 
suggested  to  them  by  experience,  or  such  as  will  tend  to  pro- 
mote the  general  object  of  said  institute,  to-wit:  Fitting  and 
preparing  such  children,  male  and  female,  for  practical  indus- 
tries of  life. 

Sec.  6.  Be  it  further  enacted,  etc.,  That  the  Board  of 
Trustees  shall  select  and  appoint  a  president  and  the  profes- 
pors  of  said  institute,  and  such  other  officers  as  they  may  deem 
necessary  to  put  and  maintain  the  same  in  successful  opera- 
tion, and  shall  make  such  rules  and  regulations  for  the  gov- 
ernment of  said  officers  as  they  may  deem  advisable;  thej 
shall  prescribe  such  a  course  of  discipline  as  may  be  neces- 
sary to  enforce  the  faithful  discharge  of  the  duties  of  all  offi- 
cers, professors  and  students.  They  shall  prescribe  the 
course  or  courses  of  instruction  so  as  to  secure  thorough 
education  and  the  best  possible  instruction  in  all  of 
said  industrial  studies,  and  they  shall  adopt  all  such 
by-laws'  and  regulations  as  they  may  deem  necessary  to  carry 
out  all  the  purposes  and  objects  of  said  Institution. 

Sec.  7.  Be  it  further  enacted,  etc.,  That  all  the  property 
acquired  in  any  way  by  said  Board  of  Trustees  shall  really  be 
the  property  of  and  belong  to  the  State  of  Louisiana,  but 
shall  be  held,  controlled  and  managed  by  said  Board  of  Trus- 
tees for  the  benefit  of  said  Industrial  Institute. 

Sec.  8.  Be  it  further  enacted,  etc.,  That  said  Board  of 
Trustees  shall  be  convened  as  soon  as  practicable. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 

Lieutenant  Governor  and  President  of  the  Senate. 
Approved  July  'J4.  ISPfc. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  T.  MICHEL, 

Secretary  of  State.  * 


24  SCHOOL    ACTS    OF    1898. 

INSTITUTE  FOR  THE  DEAF  AND  DUMB. 

Act  No.  166.] 

AN  ACT 

To  re-organize,  establish  and  maintain  the  Institution  for  the 
Deaf  and  Dumb,  to  be  known  as  the  "Louisiana  Institute 
for  the  Deaf  and  Dumb;"  to  locate  same  at  Baton  Rouge; 
to  provide  for  the  organization  and  government  thereof; 
to  provide  for  the  appointment  of  a  Board  of  Trustees; 
to  confer  corporate  powers  on  said  board:  to  define  its 
powers  and  duties  and  to  provide  for  the  expense  of  the 
numbers;  to  define  the  class  of  persons  to  be  admitted  in 
the  institution,  and  to  prescribe  the  benefits  and  privi- 
leges they  shall  receive. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  there  shall  be  established  and  main- 
tained, in  the  town  of  Baton  Kouge,  an  institution  for  the  edu- 
cation of  the  deaf  and  dumb,  to  be  known  as  the  "Louisiana 
Institute  for  the  Deaf  and  Dumb." 

Sec.  2.  Be  it  further  enacted,  etc.,  That  the  Governor 
shall  appoint,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate, seven  resident  citizens  of  the  State,  together  with  the 
Governor,  (who  shall  be  ex-oilicio  president  of  the  board)  shall 
constitute  and  be  known  as  the  Board  of  Trustees  of  the  Lou- 
isiana Institute  for  the  Deaf  and  Dumb.  At  the  first  appoint- 
ment of  the  board  under  this  act  two  of  the  members  shall  be 
appointed  for  two  years,  two  for  three  years,  and  three  for 
four  years,  and  thereafter  appointments  shall  be  made  for  the 
term  of  four  years. 

Sec.  3.  Be  it  further  enacted,  etc.,  That  the  Board  of 
Trustees  is  hereby  declared  and  constituted  a  body  politic 
corporate,  and  shall  have  full  power  to  sue  and  be  sued,  to 
make  contracts,  and  acquire  and  hold,  by  purcahse  or  dona- 
tion any  real  or  personal  property  necessary  for  the  use  or  for 
the  benfit  of  said  institution. 

Sec.  4.  Be  it  furthen  enacted,  etc.,  That  the  domicile  of 
the  Board  of  Trustees  shall  be  at  Baton  Kouge  and  all  process 
shall  be  served  on  the  vice-president  at  the  office  of  the  board 
Sec.  5.  Be  it  further  enacted,  etc.,  That  they  shall  re- 
ceive, instruct  and  support  in  the  Institution  all  persons  deaf 
and  dumb,  or  of  such  defective  speech  or  haring  as  not  to  be 
able  to  acquire  an  education  in  the  ordinary  schools,  between 
the  ages  of  eight  and  twenty-two  years,  of  sound  mind  and 
proper  health  of  body,-  and  residents  of  the  State.  Such  per- 
sons shall  receive  instruction  and  be  provided  with  boad, 
lodging,  medicine  and  medical  attendance  at  the  expense  of 
the  Institution,  and  if  in  such  indigent  circumstances  as  to 


SCHOOL    ACTS    OF    1898.  25 

render  it  necessary,  shall  also  be  furnished  with  clothing  and 
traveling-  expenses  to  and  from  the  Institution,  upon  a  certifi- 
cate to  that  effce  from  the  president  of  the  Police  Jury  of  the 
parish,  or  the  mayor  of  the  city,  or  town,  in  which  they  reside. 

Sec.  7.  Be  it  further  enacted,  etc.,  That  the  persons  adt 
mitted  as  pupils  under  fourteen  years  of  age,  may  continue  in 
the  institution  ten  years;  if  over  fourteen  and  under  seven- 
teen yars  of  age,  they  may  continue  eight  years;  if  over  seven- 
teen years  of  age,  they  may  continue  five  years;  provided,  the 
board  may  in  any  case  extend  the  term  two  years. 

Sec.  8.  Be  it  further  enacted,  etc.,  That  the  first  meeting 
of  the  Board  of  Trustees  shall  be  held  at  such  time  as  the 
Governor  shall  direct,  and  at  such  meeting  they  shall  elect  a 
vice-president,  they  shall  elect  a  treasurer,  a  superintendent 
and  such  other  officers  as  may  be  necessary  for  the  proper  or- 
ganization and  management  of  the  Institution,  define  their 
duties  and  fix  their  salaries. 

Sec.  9.  Be  it  further  enacted,  etc.,  That  the  vice-presi- 
dent shall  preside  over  the  meetings  of  the  board  during  the 
absence  of  the  president,  and  shall  exercise  a  general  super- 
vision over  the  affairs  of  the  Institution. 

Sec.  10.  Be  it  further  enacted,  etc.,  That  the  treasurer 
shall  give  bond  in  such  sum  as  the  Board  of  Trustees  may  de- 
termine, with  security  to  be  approved  by  the  vice-president. 
He  shall  be  custodian  of  the  funds  of  the  Institution.  He 
shall  receive  from  the  State  Treasurer  the  monies  appropri- 
ated by  the  State  for  the  support  of  the  Institution  upon  his 
warrant  countersigned  by  the  Governor.  He  shall  make  pay- 
ments upon  the  order  of  the  Superintendent  of  the  Institute 
cuntersigned  by  the  vice-president  of  the  board. 

Sec.  11.  Be  it  further  enacted,  etc.,  That  the  members 
of  the  Board  of  Trustees  shall  be  paid  their  expenses  incurred 
in  attending  the  meeting  of  the  board,  out  of  the  funds  of  the 
Institute. 

Sec. 12.  Be  it  further  enacted,  etc.,  That  the  Institution 
shall  provide  all  the  requisite  facilities  for  acquiring  a  good 
literary  education  instruction  in  hygiene  and  physical  culture 
and  an  industrial  department  in  which  instruction  shall  be 
given  in  such  trades  as  may  be  best  suited  to  render  the  pupils 
self-sustaining  citizens. 

Sec.  13.  Be  it  further  enacted,  etc.,  That  upon  appoint- 
ment of  the  Board  of  Trustees  herein  provided  for  the  organi- 
zation of  the  Institute  for  the  Deaf  and  Dumb,  at  Baton 
Rouge,  under  existing  laws  shall  cease  and  determine,  and  the 
new  board  shall  assume  custody,  management  and  control 
thereof. 


26  SCHOOL    ACTS    OF    1898. 

Sec.  14.     Be  it  further  enacted,  etc.,  That  this  act  shall 
take  effect  from  and  after  its  passage. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 
Lieutenant  Governor  and  President  of  the  Senate. 

Approved  July  14,  1898. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  T.  MICHEL, 
Secretarv  of  State. 


SALE  FOR  THE  UNIVERSITY. 

Act  No.  56.] 

AN  ACT 

Authorizing  the  Governor  to  sell  certain  property  of  the 
State,  situated  in  the  city  of  Baton  Rouge,  at  public  or 
private  sale,  and  prescribing  the  use  to  be  made  of  the 
proceeds  of  said  sale. 

Whereas,  By  House  Concurrent  Resolution  No.  16  of 
1896,  the  Governor  was  authorized  to  sell  certain  property  of 
the  State,  situated  in  the  city  of  Baton  Rouge  at  a  minimum 
price  of  twenty  thousand  dollars  ($20,000)  and 

Whereas,  By  Act  No.  38  of  1896,  an  appropriation  was 
made  to  the  Louisiana  State  University  and  A.  and  M.  College 
of  twenty  thousand  dollars  ($20,000)  for  the  purpose  of  erect- 
ing a  building  for  class  and  laboratory  purposes,  said  sum  to 
be  paid  out  of  the  proceeds  of  the  sale  of  said  property,  and 

Whereas,  the  Governor  of  Louisiana  lias  been  unable  to 
dispose  of  said  property  for  the  price  specified,  and  the  State 
University  has  in  consequence  been  unable  to  draw  said  ap- 
propriation or  any  portion  thereof;  therefore, 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Louisiana,  That  the  Governor  of  the  State  of  Louis- 
iana be  and  is  hereby  authorized  to  sell  the  said  property  of 
the  State  situated  in  the  city  of  Baton  Rouge  in  the  square 
bounded  by  Church,  Laurel,*  Florida  and  Third  streets,  and 
formerly  occupied  by  the  Institute  for  the  Deaf  and  Dumb,  to 
the  highest  bidder  at  public  or  private  sale;  the  terms  of  said 
sale  to  be  fixed  by  the  Governor  at  not  less  than  fifteen  thou- 
sand ($15,000.00)  Dollars,  the  payment  of  the  balance  of  said 
purchase  money  to  be  secured  by  the  usual  vendor's  privilege 
and  mortgage. 

Sec.  2.  Be  it  further  enacted,  that  the  proceeds  of  said 
sale  be  and  the  same  are  hereby  appropriated  to  the  Louisiana 


SCHOOL    ACTS    OF    1898.  27 

State  University  and  Agricultural  and  Mechanical  College  for 
the  erection  of  one  or  more  buildings  for  class  and  laboratory 
purposes. 

S.  P.  HENRY, 
Speaker  of  the  House  of  Representatives. 

R.  H.  SNYDER, 
Lieutenant  Governor  and  President  of  the  Senate. 

Approved  July  8th,  1898. 

MURPHY  J.  FOSTER, 
Governor  of  the  State  of  Louisiana. 
A  true  copy: 

JOHN  T.  MICHEL, 

Secretary  of  State.. 


RESOLUTIONS    AND    RULINGS    BY    THE    STATE    BOARD    OF 

EDUCATION. 

1.  (Compulsory  Examinations.) — Resolved,  that  while  it 
is  the  sense  of  this  board  that  the  provisions  contained  in 
Section  50  of  Act  81  of  1888  are  still  in  force,  that  none  the 
less  the  Parish   Superintendent  has  the  right  of  requiring 
teachers  whom    he  deems    incompetent    and    inefficient  and 
Avhoni  he  has  the  power  to  remove  under  the  46th  section  of 
said  act,  to  be  examined  with  a  view  of  testing  their  qualifica- 
tions and  fitness.    April  1,  1891. 

2.  (Examination  Schedule.) — 1st.  Resolved,  by  the  State 
Board  of  Education,  that  the  examination  of  teachers  in  the 
several  parishes  of  the  State  be  held  hereafter  at  the  time  of 
the  regular  quarterly  meetings  of  the  parish  school  boards, 
and  at  no  other  time  except  as  hereinafter  provided. 

2nd.  That  due  notice  of  the  time  set  for  examination  of 
teachers  be  given  by  the  parish  superintendent,  also  notice 
that  no  other  examination  will  be  held  until  the  next  quar- 
terly meeting  of  the  parish  board. 

3rd.  That  the  State  Superintendent  of  Education  prepare 
a  set  of  questions  covering  all  the  subjects  required  by  law, 
and  furnish  to  the  superintendent  of  each  parish,  a  sufficient 
number  of  copies  of  these  official  question  lists  for  use  in  the 
examinations,  and  that  no  other  questions  shall  be  used  in 
said  examinations;  said  questions  to  be  sent  out  from  the 
superintendent's  office  so  as  to  reach  the  several  parishes  sim- 
ultaneously, and  to  be  used  only  once,  and  only  on  the  dates 
named  above. 

4th.  That  the  value  of  each  question  be  indicated  by  the 
State  Superintendent,  and  that  a  list  of  answers  showing 
what  would  be  a  fair  amount  of  information  to  be  elicited  by 
each  question,  be  prepared  by  the  superintendent  and  fur- 


28  RESOLUTIONS  AND   RULINGS  BY  THE 

nished  to  the  examining  boa'rd  of  each  parish  board,  for  the 
purpose  of  establishing  a  uniform  value  to  the  certificates 
granted  in  each  parish. 

5th.  That  the  same  question  lists  be  used  in  examinations 
of  teachers  for  all  grades  of  certificates,  the  several  grades  of 
certificates  being  graded  according  to  the  percentages  made 
by  the  candidates. 

6th.  That  the  superintendent  of  each  parish  furnish  to  the 
State  Superintendent  within  two  weeks  after  each  examina- 
tion, a  list  of  all  persons  examined,  with  their  post  office  ad- 
dresses, the  grade  received  and  the  grade  of  certificate  granted 
to  each  candidate. 

N.  B. — It  has  been  considered  proper  not  to  adhere  in  this 
examination  to  instruction  in  5th  rule. 

Examiners  will  please  mark  each  answer  on  the  scale  of 
10  for  perfect.— August  20,  1896. 

3.  (High  Schools.)— Resolved,  That  the  State  Board  of 
Education  call  the  attention  of  the  parish  boards  to  the  ne- 
cessity of  establishing  high  schools  wherever  the  grade  of 
students  justifies  it,  as  the  State  Board  of  Education  believe 
that  the  establishment  of  a  number  of  high  schools  in  the 
State  will  contribute  powerfully  to  build  up  both  the  public 
school  system  and  colleges  and  universities.    August  19,  1892. 

4.  (Collection  of  Poll  Tax.)— The  State  Board  urge  the 
parish  school  boards  to  insist  upon  a  full  and  complete  col- 
lection of  the  poll  tax,  and  upon  failure  of  the  sheriffs  to  re- 
port as  the  law  directs  that  suits  be  instituted  against  the  tax 
collector  for  entire  amount  of  the  roll  as  the  law  directs  in 
Sections  2  and  3  of  Act  89,  approved  July  2nd,  1888.    August 
19,  1892. 

5.  (Normal    and    Other    Graduates.) — That    the    several 
parish   school   boards,   committees   on   teachers,    and   parish 
superintendents  throughout  the  State  are  urged  to  use  their 
best  endeavors  to  secure  the  services  of  competent  teachers; 
that  many  graduates  of  our  State  Normal  School  and  of  other 
colleges  entitled  to  a  preference  in  the  employment  of  teach- 
ers, desire  positions  in  our  schools,  many  of  whom  have  ap- 
plied to  our  State  Superintendent  for  employment,  who  will 
furnish  their  names  and  addresses  on  application,  and  we 
urge  the  local    authorities    to    secure    the    services  of  such 
teachers  as  the  best  means  of  advancing  the  educational  in- 
terest of  the  children  of  the  State.    August  19,  1892. 

6.  (Penalty  for  not  Recognizing  Normal  Graduates.) — 
Resolved,  That  the  State  Superintendent  of  Public  Education 
be  and  is  hereby  ordered  and  directed  to  report  to  the  Gov- 
ernor any  school-boards  or  members  of  school  boards  who 
fa.il  to  give  preference  to    graduates    of    the    State    Normal 
School  or  other  schools  and  colleges  of  good  standing  as  di- 


STATE    BOARD   OF     EDUCATION. 

rected  by  resolution  of  this  board  passed  August  19,  1892,  or 
who  fail  to  remove  their  parish  superintendents  who  are  inef- 
ficient, unfaithful,  or  negligent  in  the  discharge  of  their  du- 
ties, and  the  Governor  is  hereby  requested  to  remove  such 
boards  or  members,  subject  to  the  ratification  of  this  board 
as  provided  by  Section  2  of  Act  29,  of  1892.  October  19,  1892. 

7.  (Decision  in  Favor  of  Normal  Graduates.) — Whereas, 
information  has  reached  this  board  of  the  violation  by  the 
school  board  of  the  parish  of  Bossier  of  the  resolution  adopted 
by  this  board  of  date  August  19,  1892,  passed  in  pursuance 
of  Section  9  of  Act  No,  73  of  1892,  exempting  Normal  gradu- 
ates from  examination  and  entitling  them  to  a  certain  degree 
of  preference,  therefore 

Be  it  resolved,  That  the  State  Superintendent  of  Public 
Education  be  and  he  is  hereby  required  to  notify  said  parish 
board  of  its  violation  of  the  said  act  as  well  as  the  resolutions 
of  this  board,  and  in  the  event  of  their  failure  to  at  once  com- 
ply with  the  law  and  the  resolutions  of  this  body  that  the 
Govenor  be  and  is  hereby  requested  to  remove  said  board. 
June  29,  1897. 

8.  (Neglect  of  Duty  to  be  reported.) — Resolved,  That  it 
is  necessary  that  the  parish  school   boards  -and  the  parish 
school  superintendents  shall  rigidly  adhere  to  the  laws  govern- 
ing the  public  schools,  and  where  any  neglect  or  violation  by 
any  member  of  any  board,  or  any  neglect  or  violation  of  law 
by  any  parish  superintendent,  of  any  of  provisions  of  such 
public  school  laws,  shall  come  to  the  knowledge  of  the  State 
Superintendent  of  Public  Education,  he  shall  at  once  report 
the  facts  to  the  Governor  of  the  State,  with  the  request  that 
he  remove  such  delinquent  under  the  provisions  of  section  2 
of  Act  29  of  1892  amending  and  re-enacting  Section  8  of  Act 
81  of  1888.     October  19,  1894. 

9.  (Uniformity  of  Text  Books.) — Whereas,  the  law  t>ro- 
vides  under  Section  3rd,  of  Act  81  of  1888  that  a  uniform  series 
of  text  books  shall  be  used  in  the  public  schools,  and 

Whereas  this  requirement  has  the  merit  of  system  and  is 
in  line  with  strict  economy,  and  its  wisdom  has  been  thorough- 
ly established  by  experience,  therefore 

Be  it  resolved,  That  it  shall  be  the  duty  of  the  superinten- 
dents in  the  several  parishes  to  see  that  this  rule  is  faithfully 
enforced  and  that  the  text  books  adopted  or  recommended 
by  this  board,  and  none  others,  are  used  in  the  public  schools 
throughout  the  State. 

Eesolved  Further,  That  a  breach  of  the  law  requiring  the 
use  of  uniform  text  books  as  above  stated,  after  notice  by  the 
parish  superintendent,  shall  be  deemed  sufficient  grounds  for 
the  summary  dismissal  of  any  teacher  in  the  public  schools. 
June  29,  1897. 


30  RESOLUTIONS    AND   RULINGS 

10.  Regulating  the  Price  of  School  Books.) — Whereas, 
complaint  has  been  made  that  some  of  the  local  dealers  in 
school  books  in  the  country  have  been  charging  more  than  the 
contract  prices  for  text  books  selected  for  use  in  the  public 
schools,  therefore 

Be  it  Resolved,  That  it  shall  be  the  duty  of  the  parish 
superintendents  in  the  several  parishes  to  post  in  a  conspicious 
place  in  the  school  rooms  printed  schedules  of  prices  at  which 
it  has  been  agreed  to  furnish  the  books,  and  the  patrons  of  the 
schools  shall  be  notified  by  him  that  they  can  be  obtained 
from  the  publishers  through  the  the  parish  superintendents, 
for  cash,  at  these  prices,  in  case  any  additional  charges  are 
made  by  local  dealers. 

Resolved  Further,  That  the  State  Superintendent  of  Pub- 
lic Eel  cation  shall  forward  to  the  parish  superintendents 
these  printed  price  lists. 

11.  (Regulating  Sale  of  School  Books.) — Be  it  Resolved, 
That  the  Depositaries  appointed  by  this  board  are  prohibited 
from  in  any  way  invalidating  by  their  actions  the  contracts 
entered  into  by  the  board  and  the  several  publishing  houses. 
October  19,  1894.. 


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